By: Christopher DeGroff, Andrew Scroggins, Sarah Bauman, and James Nasiri
Seyfarth Synopsis: On March 13, 2022, the EEOC released its fiscal year (“FY”) 2022 performance report (“APR”). The APR is the EEOC’s own “report card.” It analyzes the Commission’s performance results based on its Strategic Plan for FYs 2018-2022. A close read of the APR reveals
Continue Reading EEOC Releases Its Internal Report Card: Revelations From The Commission’s Annual Performance Report
It is with great excitement that we announce the publication of Seyfarth Shaw’s 2023 Edition of its EEOC-Initiated Litigation Report. 2022 was another year of great change at the U.S. Equal Employment Opportunity Commission – and 2023 promises to be a year of even greater change at the EEOC. Seyfarth’s EEOC-Initiated Litigation report features a look ahead – and a
Continue Reading Seyfarth’s 2023 EEOC-Initiated Litigation Report Focuses on Big Changes at the EEOCBy: Andy Scroggins, Matt Gagnon, Sarah Bauman, James Nasiri, Christopher DeGroff
Seyfarth Synopsis: On Tuesday, January 10, the EEOC released for public comment its draft 2023-2027 Strategic Enforcement Plan, or “SEP” (available here)—a document that will guide the Commission’s enforcement priorities for the next five years. The EEOC’s previously announced Strategic Plan described “how”
Continue Reading The EEOC Proposes Detailed New Enforcement Priorities For 2023-2027By: David Rowland and Sarah Bauman
Seyfarth Synopsis: In a wide-ranging opinion on pivotal ADA and EEOC jurisdictional issues, the U.S. District Court for the Eastern District of Pennsylvania in EEOC v. Geisinger Health, et al. called mostly strikes against the EEOC at the motion to dismiss stage, with two exceptions. Most notably, the EEOC was permitted to pursue
Continue Reading Geisinger Prevails 4-2 Against EEOC in Pennsylvania Federal Court, Leaving Anomalous ADA Title V Claim Ripe For Summary Judgment
By Andrew L. Scroggins and Sarah K. Bauman
Seyfarth Synopsis: As we previously reported here, last October the EEOC put employers on notice of an initiative to ensure that artificial intelligence (“AI”) and other technology used in hiring and employment decisions comply with federal anti-discrimination laws. Consistent with this recent initiative, on May 12, 2022, the EEOC shared guidance
Continue Reading EEOC And DOJ Issue Important Guidance On Preventing AI- and Technology-Related Disability Discrimination
By Gerald L. Maatman, Jr. and Sarah K. Bauman
Seyfarth Synopsis: In EEOC v. BNSF Railway Co., Case No. 8:21-CV-369 (D. Neb. April 28, 2022), Judge Brian C. Buescher of the U.S. District Court for the District of Nebraska denied the EEOC’s request for a temporary restraining order (“TRO”) to prevent alleged discriminatory conduct. The EEOC sought an order reinstating
Continue Reading The EEOC Overlooks Pleading Defects In Seeking TRO, Resulting In Denial By Nebraska Federal Court
By Gerald L. Maatman, Jr., Christopher J. DeGroff, Alex W. Karasik, and Sarah K. Bauman
Seyfarth Synopsis: On March 28, 2022, the EEOC released its fiscal year 2023 budget justification (see here) and fiscal year 2021 performance report (“APR”) (see here). The APR is a “report card” analysis of the EEOC’s litigation goals and performance
By Gerald L. Maatman, Jr. and Alex W. Karasik
Seyfarth Synopsis: In EEOC v. Sherwood Food Distributors, Inc., No. 16-CV-2386, 2022 U.S. Dist. LEXIS 32921 (N.D. Ohio Feb. 24, 2022), a federal court in Ohio held an employer in contempt for failing to pay its payroll tax liabilities, as required by an EEOC consent decree that resolved a systemic discrimination
Seyfarth Synopsis: In our continuing video blog series outlining the findings in our Annual Workplace Class Action Litigation Report, trend #3 detailed how government enforcement litigation shifted in 2021, with changes representing a significant shift in philosophy and practice. Listen below as Jerry Maatman explains what occurred in the government enforcement world last year and what is apt to happen
Continue Reading 5 Top Trends In Workplace Class Action Litigation: Trend #3 Government Administrative And Enforcement Trends Video
Seyfarth Synopsis: With the installation of a new administration in 2021, employers saw almost immediate shifts in administrative priorities. Over the past year, the Biden Administration rolled out changes on several fronts that took shape through executive orders, legislative efforts, and agency actions. Contrary to the pro-business approach of the Trump Administration, the Biden Administration
Continue Reading 5 Top Trends In Workplace Class Action Litigation: Trend #3 Government Administrative And Enforcement Trends