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The Supreme Court’s Decision in EEOC v. Abercrombie: What Can Employers Do to...

On June 1, the Supreme Court issued an 8-1 decision in EEOC v. Abercrombie & Fitch Stores, Inc., holding that Title VII of the Civil Rights Act prohibits a prospective employer from refusing to...

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According to the EEOC, Sexual Orientation Discrimination is Prohibited By...

There are many protected categories under the federal employment discrimination laws, but none of those laws mentions “sexual orientation” as a protected category.  Versions of the Employment...

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EEOC Has Attendance Point Systems in its Sights

Attendance point systems undoubtedly have appeal.  These policies — often referred to as “no fault attendance policies” because they assign points to absences regardless of the cause — take the...

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Proposed Guidance Highlights the EEOC’s Continued Focus on Retaliation Claims

Employers face claims of retaliation at an increasingly alarming rate.  Nearly 43% of all charges filed with the U.S. Equal Employment Opportunity Commission (EEOC) in FY 2014 included some allegation...

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EEOC Publishes New Nationwide Procedures for Employer Position Statements

When an employee or former employee files a discrimination charge with the Equal Employment Opportunity Commission (“EEOC”), the first step in the investigation is generally the EEOC’s request for a...

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EEOC Files First Lawsuits Alleging Sexual Orientation Discrimination Under...

As we have reported in earlier posts, the U.S. Equal Employment Opportunity Commission (“EEOC”) has previously taken the position that discrimination on the basis of “sexual orientation” is prohibited...

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EEOC Issues Strong Reminder to Employers About Their Obligation to Provide...

In theory, employers are all generally familiar with the “interactive process” and the need to provide disabled employees with reasonable accommodation absent undue hardship.  But in practice are...

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EEOC Task Force Issues Report on Harassment in the Workplace

In 2015, the Equal Employment Opportunity Commission (EEOC) received almost 28,000 charges of discrimination alleging workplace harassment — a number that has remained relatively constant over the last...

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EEOC Issues Final Enforcement Guidance on Retaliation and Related Issues

On August 25, 2016, the U.S. Equal Employment Opportunity Commission issued its final “Enforcement Guidance on Retaliation and Related Issues.”  Along with the final guidance, the EEOC issued a Q&A...

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EEOC Issues Proposed Enforcement Guidance on Unlawful Harassment

The Equal Employment Opportunity Commission is seeking public comment on its newly proposed enforcement guidance addressing unlawful workplace harassment under the federal anti-discrimination laws....

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