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

By Matthew J. GagnonChristopher J. DeGroff, and Gerald L. Maatman, Jr.

Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year 2017 shows a return to vigorous enforcement filings, with a substantial number of
Continue Reading Tick, Tock….The EEOC Runs Out The Clock – Fiscal Year 2017 Marks A Last Minute Return To Frantic Filing

calmBy Gerald L. Maatman, Jr.

Today I had the privilege of attending the 24th Annual Employment Practices Liability Insurance Program hosted by the American Conference Institute in New York City (I moderated a session on EEOC litigation).

Constance Barker, one of the five Commissioners at the U.S. Equal Employment Opportunity Commission, gave the keynote address at the Program. Her presentation
Continue Reading What Employers Should Know – Listen To The EEOC

thCAD0SFA4By Paul Kehoe and Larry Lorber

Today, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a Notice of Proposed Rulemaking addressing wellness program incentives under the Genetic Information Nondiscrimination Act (“GINA Proposed Rule”) in the Federal Register (here).  This NRPM comes on the heels of the EEOC’s proposed rule covering wellness program incentives under the Americans With Disabilities
Continue Reading Progress, But Also Perpetuated Errors, In The EEOC’s Proposed GINA Rule Regarding Wellness Program Incentives

thCAD0SFA4By Paul H. Kehoe and Lawrence Lorber  

Earlier today, the EEOC published its much anticipated Notice of Proposed Rulemaking (“NPRM”) regarding the interaction between wellness plans and the Americans With Disabilities Act (“ADA”). As we have discussed here and here, the issue of whether an incentive or surcharge permitted (indeed, encouraged) under the Patient Protection and Affordable Care Act
Continue Reading The EEOC’s Proposed Wellness Plan Regulation: Some Progress, But Issues Persist

By Gerald L. Maatman, Jr., Christopher J. DeGroff, and Paul H. Kehoe

Shortly after publishing its FY2016 budget justification (here) asking for an additional $8.6 million and authorization to hire hundreds of additional employees (over FY2014 levels), the EEOC released its FY2014 charge and litigation statistics (here and here).  Charge receipts, while still historically
Continue Reading EEOC Charge Filings Down And Monetary Rewards To Victims Through Investigations And Litigation Plummet

By Christopher DeGroff, Matthew Gagnon, and Gerald L. Maatman, Jr.

Every year at this time we like to offer our loyal readers a pre-publication preview of our annual report on developments and trends in EEOC-initiated litigation. That book, entitled EEOC-Initiated Litigation: Case Law Developments In 2014 And Trends To Watch For In 2015 is set for distribution in
Continue Reading 2014’s Top 5 Most Intriguing Decisions In EEOC-Initiated Litigation (And A Preview Of Our Annual EEOC Litigation Report)

By Gerald L. Maatman, Jr., and Alexis P. Robertson

On November 6, 2014, in EEOC v. Honeywell International, Inc. Case No. 14-CV-4517, 2014 U.S. Dist. LEXIS 157945, (D. Minn. Nov. 6, 2014), Judge Ann Montgomery of the U.S. District Court for the District of Minnesota denied the Equal Employment Opportunity Commission’s (“EEOC”) request for a preliminary injunction enjoining Honeywell International
Continue Reading Minnesota District Court Shoots Down The EEOC’s Request For Preliminary Injunction Over Wellness Program

By Reema Kapur and Lily M. Strumwasser

Just nine days into the new year the EEOC settled its first systemic lawsuit ever filed alleging genetic discrimination under the Genetic Information Nondiscrimination Act (“GINA”).  Over the past several years the EEOC has trumpeted its focus on high-impact and high-profile cases and the $370,000 settlement of EEOC v. Founders Pavilion Inc., No.
Continue Reading A Major Milestone – The EEOC Settles Its First GINA Systemic Lawsuit