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

Seyfarth Synopsis: We are once again pleased to offer our loyal blog readers a breakdown of the five most intriguing developments in EEOC litigation in 2020, in addition to a pre-publication preview of our annual report on developments and trends in EEOC-initiated
Continue Reading 2020’s Top 5 Most Intriguing Developments in EEOC-Initiated Litigation (And A Preview of Our Annual EEOC Litigation Report)

By Gerald L. Maatman, Jr.

Seyfarth Synopsis: In our continuing coverage of the top trends found in Seyfarth’s 2021 Workplace Class Action Litigation Report, in 2020, government enforcement litigation slowed considerably. Although the value of government enforcement settlements went up, agencies like the EEOC downsized their litigation enforcement programs and brought fewer lawsuits in 2020 than in any year of
Continue Reading 5 Top Trends In Workplace Class Action Litigation: Trend #4 Government Enforcement Litigation

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

Seyfarth Synopsis:  On January 8, 2021, the EEOC unveiled a new webpage explaining the administrative and litigation tools used by the Commission to identify and pursue systemic discriminatory practices. This new guidance is the latest in a number of high priority developments at
Continue Reading EEOC Update: The Commission Launches A New A To Z Webpage About Systemic Discrimination Enforcement

By Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer

Seyfarth Synopsis:  On January 7, 2021, the EEOC held a public meeting of its fiscal year to consider three separate agenda items, including a final rule updating the Commission’s conciliation procedures, a formal opinion letter concerning Individual Coverage Health Reimbursement Arrangements under the
Continue Reading EEOC Update: The Commission Holds Public Meeting On Final Rules And New Opinion Letter

By Karla Grossenbacher and Gerald L. Maatman, Jr.

Seyfarth Synopsis: On December 16, 2020, the U.S. Equal Employment Opportunity Commission issued guidance for employers on the interplay of workplace bias laws and COVID-19 vaccinations. As all employers are facing these issues in the coming weeks with the roll-out of vaccinations, the EEOC’s guidance should be required reading for all businesses.
Continue Reading Required Read For All Employers: The EEOC Issues Guidance On The Interplay Of Workplace Bias Laws And COVID-19 Vaccinations

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

Seyfarth Synopsis: In a recent ruling out of the U.S. District Court for the Middle District of Florida, the Court denied approval of a consent decree agreed upon by the EEOC and a defendant, taking issue with the decree’s requirement that the defendant take “all affirmative steps” to
Continue Reading Back To The Drawing Board: Federal Court Denies Consent Decree Approval To EEOC Consent Decree

By Gerald L. Maatman, Jr., Jennifer A. Riley, and Alex W. Karasik

Seyfarth Synopsis:  In an EEOC-initiated lawsuit – EEOC v. LogistiCare Solutions LLC, No. 20-CV-852, 2020 U.S. Dist. LEXIS 215486 (D. Ariz. Nov. 18, 2020) – involving allegations dating back to 2013, a federal district court in Arizona denied an employer’s motion to dismiss and motion for
Continue Reading Leaving The Laches Open: Federal Court Denies Employer’s Dispositive Motions Despite EEOC’s Seven-Year Delay In Filing Suit

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

Seyfarth Synopsis: On November 16, 2020, the EEOC released its “Agency Financial Report” (“AFR”)  for Fiscal Year 2020 (here). The AFR is a data compilation regarding the EEOC’s financial health, initiatives, and guiding principles, and the inaugural AFR was released last
Continue Reading EEOC Update: Commission’s Litigation Report Card Trumpets A Surge In Recoveries And A Cut In Backlog

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

Seyfarth Synopsis:  On November 2, 2020, the EEOC held its first public meeting of its fiscal year, and the first meeting with its three new commissioners. The public meeting was held so that the Commission could consider a proposed memorandum of understanding (“MOU”)
Continue Reading EEOC Update: The Commission Holds Public Meeting On Cooperation Between EEOC, DOJ, And DOL

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

Seyfarth Synopsis:  As we first reported here, the EEOC announced in August 2020 that it was proposing significant amendments to its conciliation process via a notice of proposed rulemaking (“NPRM”), though specific details regarding the amendments were not released at that time.
Continue Reading EEOC Update: The Commission Finally Releases Its Proposed Amendments For Its Conciliation Process