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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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The Equal Employment Opportunity Commission Changes Its Internal Procedures For Selecting Which Cases To Litigate
At the conclusion of the EEOC’s administrative process, if a discrimination Charge has not otherwise been resolved, the Agency issues an administrative decision finding either merit to the Charge or not. If the Agency concludes that the Charge has merit, … Continue reading
EEOC Issues Proposed Rule to No Longer Keep Employers in the Dark as to Cause Finding and Conciliation Demand
Employers who have been frustrated over the years by the Equal Employment Opportunity Commission (EEOC)’s oft-employed tactic of keeping its factual evidence close to the vest, even after a cause finding as to a charge and/or during conciliation efforts, may … Continue reading
Posted in EEOC, Snell & Wilmer
| Tagged conciliation, EEOC, EEOC charge, proposed rule
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EEOC Changes Policy on Mandatory Arbitration
This past week, the EEOC withdrew its 1997 policy statement regarding mandatory binding arbitration agreements. In that policy statement, the EEOC took the position that the use of mandatory binding arbitration agreements as a condition of employment were contrary to … Continue reading
Posted in Arbitration, Discrimination, EEOC
| Tagged Circuit City Stores, Concepcion, EEOC charge, Employment Arbitration Agreements, Epic Systems, Lamps Plus, Policy, Public Policy, SCOTUS
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The Customer is Not Always Right: Sex Museums and Harassment
New York City’s Museum of Sex (“the Museum”) is facing a lawsuit from a former employee who alleges that the Museum failed to protect her from sexual harassment by her co-workers and the Museum’s patrons. The plaintiff’s complaint alleges that … Continue reading
Posted in Discrimination, EEOC, Uncategorized
| Tagged Civil Rights, EEOC charge, EEOC Guidance, Harassment, Museum, New York, Sex Museum, Sexual Harassment, Title VII
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Fort Bend County v. Davis: SCOTUS Bends Employers’ Defense to Title VII Claims, But Doesn’t Break It
On June 3, 2019, the United States Supreme Court (“Supreme Court”) unanimously held in Fort Bend County v. Davis that federal courts may be able to hear claims brought under Title VII of the Civil Rights Act of 1964 (“Title VII”) without … Continue reading
Posted in EEOC, Snell & Wilmer
| Tagged EEOC charge, SCOTUS, Supreme Court, Title VII
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The EEOC Releases Enforcement and Litigation Data for Fiscal Year 2018
Yesterday, the United States Equal Employment Opportunity Commission (“EEOC”) released its Enforcement and Litigation Data for Fiscal Year (“FY”) 2018, which began October 1, 2017 and ended September 30, 2018. According to the data, the EEOC received 76,418 charges of … Continue reading
Posted in Discrimination, EEOC
| Tagged #metoo, discrimination, EEOC charge, Retaliation, Sexual Harassment, Title VII
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EEOC Charges in Decline
Have a strengthening economy and declining unemployment numbers led to a decline in EEOC charges? The most recent data strongly suggests a correlation between a tight labor market and the number of EEOC charges. This week the EEOC released statistics … Continue reading
Posted in Discrimination, EEOC
| Tagged EEOC charge, Race, Retaliation, Sexual Harassment, Title VII
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