Seyfarth Synopsis: Happy Holidays to our loyal readers of the Workplace Class Action Blog! Our elves are busy at work this holiday season in wrapping up our start-of-the-year kick-off publication – Seyfarth Shaw’s Annual Workplace Class Action Litigation Report. We anticipate going to press in early January, and launching the 2021 Report to our readers from our Blog.

This will
Continue Reading The 2021 Annual Workplace Class Action Litigation Report Is Almost Here!

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.Christopher J. DeGroff, Matthew J. Gagnon, and Alex S. Oxyer

Seyfarth Synopsis: In the last fiscal year before the November 2020 election, the EEOC made significant changes to many of its programs, all in the midst of the global COVID-19 pandemic. Like most employers across the country, the EEOC found itself reconsidering
Continue Reading EEOC Fiscal Year 2020 Fizzle? The EEOC’s Year Comes To A Surprisingly Quiet Close

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

Seyfarth Synopsis:  On September 8, 2020, the EEOC updated its Technical Assistance Q&A webpage to address 18 new questions regarding the application of the Americans With Disabilities Act (“ADA”), the Rehabilitation Act, and other EEO laws to employers continuing to face the struggles
Continue Reading EEOC Update: The Commission Offers Updated COVID-19 Guidance To Address Additional ADA Considerations

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

Seyfarth Synopsis:  On September 3, 2020, the EEOC issued an opinion letter (only its second of the year) regarding the Commission’s interpretation and enforcement of § 707(a) of Title VII, which authorizes the EEOC to sue employers engaged in a “pattern or practice”
Continue Reading EEOC Update: The Commission Issues A Rare Opinion Letter Interpreting Requirements For Pattern Or Practice Claims

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

Seyfarth Synopsis:  On June 11, 2020, the EEOC updated its Technical Assistance Q&A webpage to address several new questions submitted by employers and their counsel regarding the application of the Americans With Disabilities Act (“ADA”), the Rehabilitation Act, and other EEO-related laws to
Continue Reading EEOC Update: The Commission Rolls Out Its Latest COVID-19 Guidance

By Gerald L. Maatman and Jennifer A. Riley

Seyfarth Synopsis: As businesses chart their paths through the difficulties of reopening their operations in the wake of the COVID-19 pandemic, another risk looms – the danger of being the target of a class action lawsuit.  That trend is in its formative stage already, and members of the plaintiffs’ class action bar
Continue Reading Managing Class Action Risks As The COVID-19 Pandemic Gives Way To Threatened Tsunami Of Litigation

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

Seyfarth Synopsis:  In its latest update to guidance for employers in the COVID-19 pandemic, the EEOC has now clarified that employers can test employees for COVID-19 without running afoul of the Americans With Disabilities Act (“ADA”). This new update provides a much-awaited opinion

Continue Reading Updated EEOC COVID-19 Guidance: The Commission Officially Sanctions Employer Use Of COVID-19 Testing

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

Seyfarth Synopsis:  On March 27, 2020, the EEOC announced its views on the COVID-19 pandemic. In particular, the EEOC provided guidance on how laws under its jurisdiction, such as the ADA, Title VII, and GINA, should be applied in these challenging times. The
Continue Reading Compliance Alert: The EEOC Announces Its Views On ADA, Title VII, and ADEA Considerations During The Pandemic

By Gerald L. Maatman, Jr. and Matthew Gagnon

Seyfarth Synopsis: In the past 24 hours, the EEOC released a statement: What You Should Know About the ADA, the Rehabilitation Act, and COVID-19, which gives employers some guidance on how they can navigate the safety concerns associated with COVID-19 while staying in compliance with the federal disability discrimination laws. The
Continue Reading EEOC COVID-19 Update: The Commission Clarifies Employers’ Obligations Under The ADA And The Rehabilitation Act