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A blog from the attorneys of Verrill

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Category: EEOC

EEOC's Five Core Principles for Preventing and Addressing Harassment

Last week the EEOC released proposed Enforcement Guidance on Unlawful Harassment with a Press Release noting that the proposed Guidance is available for input until February 9, 2017. Information on how to provide feedback on the Guidance is available here . Whether one chooses to provide feedback or not...
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EEOC’s 2017-2021 Initiatives Announced

The EEOC has posted its Strategic Enforcement Plan for Fiscal Years 2017-2021. Included in the substantive priorities: 1. Eliminating Barriers in Recruitment and Hiring. 2. Protecting Vulnerable Workers, Including Immigrant and Migrant Workers, and Underserved Communities from Discrimination. 3. Addressing Selected Emerging and Developing Issues. 4. Ensuring Equal Pay...
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Is “Boy, you need to pray” Comment to Biscuit Maker A Violation of Title VII?

The EEOC continues its push to recognize job protection for LGBT workers under Title VII. On Wednesday, the EEOC filed a lawsuit against Bojangles Restaurants Inc. alleging that the restaurant chain discriminated and retaliated against former employee Jonathan Wolfe. The Complaint alleges Wolfe, who was transitioning from male to...
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Post-It Up or Pay It Up: The Double-It Year Continues

You know how we harp on the easy things? Like having all the required state and federal posting requirements hung in a place where employees can easily find them? This serves as just another friendly reminder that those postings are important. Prior to 2014, the maximum penalty for failing...
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Benchslapped! EEOC & NLRB May Have to Pull Out Their Debit Cards

For those employment lawyers who believe that the EEOC and NLRB have tended to overreach of late (i.e., the defense bar), two separate decisions handed down against those agencies caused a distinct feeling of schadenfreude . 1 Or, as one legal scholar noted in a somewhat different context, "...
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Women Footballers Ask EEOC to Give the Boot To Wage Discrimination

Interesting story that developed on Wednesday: some of the biggest names in U.S. women's soccer filed a wage discrimination claim with the EEOC, contending that the U.S. Soccer Federation pays them almost four times less than members of the men's team, despite the women generating nearly $20 million more...
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Let’s Talk about Sex(ual Orientation) Lawsuits under Federal Law

The last few weeks have been filled with filings and decisions in federal courts across the country regarding sexual orientation as a basis for a Title VII lawsuit. On March 1, 2016, the United States Equal Employment Opportunity Commission ("EEOC") filed its first sexual orientation discrimination claims in Pittsburg...
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EEOC Builds Off of "Rosebud" Momentum Seeking Extensive Pay Data

Today the EEOC announced proposed changes to the EEO-1 form that will affect federal contractors and all employers who employ over 100 individuals. The proposal (available here ) would require employers to provide wage data for employees falling into 10 job categories with the requirement that employers identify gender...
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EEOC to 11th Circuit: Title VII Prohibits Sexual Orientation Discrimination

Well, this just got interesting. Tracking a position it took last summer in an agency decision involving a federal employee , the EEOC recently filed an amicus brief with the 11th Circuit Court of Appeals arguing that Title VII prohibits discrimination based on sexual orientation. In its brief...
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EEO-1 Deadline Extension

While normally EEO-1 reports have a filing deadline of September 30 (yes that was yesterday), this year the EEOC Joint Reporting Committee extended the EEO-1 Deadline to October 30, 2015 . Accordingly, while this extension is helpful to many employers, we suggest employers review the 2015 EEO-1 changes and...
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Jury Finds "Food with Integrity" Terminated with Integrity Despite EEOC’s Claims to the Contrary: Jury Verdict Returned in Chipotle’s Favor after ADA Battle

On Monday, Judge F. Dennis Saylor IV of the District of Massachusetts entered judgment in favor of Chipotle Mexican Grill, Inc., after a five-day trial concluded on August 7, with a jury finding in favor of Chipotle Mexican Grill on a disability discrimination claim brought by former employee Amanda...
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How Not to Handle a “Jezebel Spirit”

The answer is fairly obvious: don't refer to someone as having a Jezebel Spirit. If this happens, however, and an employee can't help but make the reference, pray (literally and figuratively) that it is not a manager. Last month, Lisa McKinley filed a lawsuit against the Salvation Army in...
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Sixth Circuit’s Panel Decision Isn’t Built Ford Tough

Earlier this month, the Sixth Circuit issued an en banc decision in the EEOC v. Ford Motor Co. matter concerning the ADA and telecommuting; finding that telecommuting up to four days a week was not a reasonable accommodation. We have been following the opinion both initially and when the...
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