By Matthew J. Gagnon and Sarah K. Bauman

Seyfarth Synopsis: On November 17, 2021, the EEOC updated its COVID-19 technical assistance resources to add guidance on pandemic-based employer retaliation and interference.  The updated guidelines clarify the rights of employees who engage in EEO protected activity.  Key for employers are the numerous examples of what the EEOC deems retaliation in this


Continue Reading EEOC Technical Assistance On COVID-19: The Commission Adds Insight On Pandemic-Related Retaliation Claims 

By Gerald L. Maatman, Jr., Christopher J. DeGroff, and Alex W. Karasik

Seyfarth Synopsis:  On November 16, 2021, the EEOC released its Agency Financial Report (“AFR”) for Fiscal Year 2021. The AFR is a data compilation regarding the EEOC’s financial health, initiatives, and guiding principles. This year’s edition marks the third version of the publication, following the release
Continue Reading EEOC’s FY 2021 Agency Financial Report Shows Decline In Monetary Recoveries, But A Bullish Outlook For The Future

By Andrew L. Scroggins and Alex W. Karasik

Seyfarth Synopsis:  While businesses have shifted their operations to digital platforms over the last few decades, the COVID-19 pandemic has greatly accelerated the transformation of the workplace. One area where employers have looked to increase the efficiency of their hiring processes is through the use of artificial intelligence. The EEOC has been
Continue Reading A Look Into The Future: EEOC Announces Artificial Intelligence Initiative

By: Gerald L. Maatman, Jr.Christopher J. DeGroff, Matthew J. Gagnon, and Alex W. Karasik

Seyfarth Synopsis: Following the EEOC’s down 2020 fiscal year, in which the Commission made significant changes to many of its programs in the midst of the global COVID-19 pandemic and leadership changes, in FY 2021 the EEOC’s litigation enforcement activity showed signs
Continue Reading EEOC Finishes Fiscal Year 2021 With September Surge Of Filings As Commission Recovers From Pandemic-Fueled Slowed Down

Seyfarth Synopsis: Jerry Maatman, Seyfarth’s chair of the firm’s class action defense group, discusses an EEOC-initiated pregnancy discrimination lawsuit in which a federal district court in granted in part and denied in part the employer’s motion for summary judgment, finding there were several genuine issues of material fact surrounding an employee’s return to work from pregnancy leave, but holding that
Continue Reading Video Blog: Seyfarth’s Jerry Maatman Discusses the key takeaways for Employers Regarding the Ruling in EEOC v. NICE Systems

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis:  Following a jury trial in a federal court in Mississippi in an EEOC-initiated lawsuit alleging that Black adult club dancers were subjected to race discrimination, where their employer was found liable of wrongdoing, the Court granted the EEOC’s motion for injunctive relief, ordering the employer to comply with all


Continue Reading EEOC Granted Exotic Injunctive Relief in Race Discrimination Lawsuit Against Mississippi Adult Club

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth SynopsisIn an EEOC-initiated pregnancy discrimination lawsuit, a federal district court in Florida granted in part and denied in part the employer’s motion for summary judgment, finding there were several genuine issues of material fact surrounding an employee’s return to work from pregnancy leave, but holding that her constructive


Continue Reading Splitting The Baby: Federal Court In Florida Grants In Part And Denies In Part Employer’s Motion For Summary Judgment In Pregnancy Discrimination Lawsuit

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth SynopsisIn EEOC v. Konos, Inc., Case No. 1:20-CV-973 (W.D. Mich. June 3, 2021), the EEOC filed a lawsuit on behalf of a claimant against her employer, alleging it subjected to her to a hostile work environment and retaliation after she was sent home for complaining about a supervisor’s
Continue Reading Federal Court Denies Employer’s Motion To Dismiss EEOC-Initiated Sexual Harassment Lawsuit

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis:  In EEOC v. Schuster Co., No. 13-CV-4063, 2021 U.S. Dist. LEXIS 79815 (N.D. Iowa Apr. 13, 2021), the EEOC alleged that Defendant’s use of a strength test had disparate impact on female job applicants for driving positions.  After both parties moved for summary judgment, the Court denied both
Continue Reading Double Denial In Disparate Impact Litigation: Court Rejects Both EEOC and Employer’s Statistical Arguments In Summary Judgment Motions

By: Gerald L. Maatman, Jr.Christopher DeGroffMatthew J. Gagnon, and Alex S. Oxyer

Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2020. Notably, the statistics indicate that 2020 saw a dramatic drop in filed charges, with the lowest number of charges filed in over 20 years. For example,
Continue Reading A Peek Behind The Numbers: The EEOC’s Enforcement Statistics Show Fewer Charges Filed In 2020, While Recoveries Surged