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Total Articles: 10

Eleventh Circuit Raises Bar for Employers Seeking Summary Judgment in Discrimination Cases

Executive Summary: On June 1, 2018, the U.S. Court of Appeals for the Eleventh Circuit in Jefferson v. Sewon America, Inc., No. 17-11802, held that the McDonnell Douglas burden-shifting framework does not apply to discrimination claims where the plaintiff offered direct evidence of discrimination, even though the plaintiff herself called her evidence circumstantial and analyzed her claims under that framework. Jefferson is part of the Eleventh Circuit’s recent trend of reducing the burden on employment discrimination plaintiffs at the summary judgment stage, making it easier for them to proceed to trial before a jury.

The EEO-1 Aftermath: The Filing Extension and Employers’ Common Mistakes

The filing deadline for employers to submit their 2017 EEO-1 reports was June 1, 2018—moved back from the original deadline of March 31, 2018. Employers may have used that extra time to double-check data and ensure they avoided common filing errors. This article answers some frequently asked questions about the filing extension and explores common EEO-1 mistakes.

Unintentional Discrimination? What Every Employer Needs to Know About Disparate Impact Claims

We all know (or should know) that Title VII of the Civil Rights Act and other discrimination laws prohibit intentional discrimination “because of” protected characteristics like race, age, gender, or disability. We can easily imagine instances of intentional discrimination—a sexist manager refusing to hire female applicants, a racist boss refusing to promote qualified African Americans, and the list goes on.

EEO-1 Filing Deadline Extended to June 1, 2018

The U.S. Equal Employment Opportunity Commission’s (EEOC) EEO-1 Joint Reporting Committee has now extended the deadline for filing the 2017 reports to June 1, 2018. Based on modifications to the EEO-1 survey, employers initially had until March 31, 2018, to file their 2017 EEO-1 reports.

EEO-1 Survey Report Deadline Extended by EEOC

Employers that were scrambling to meet the deadline for filing their 2017 EEO-1 report have been granted a brief reprieve. Recently, and without announcement, the Equal Employment Opportunity Commission (EEOC) changed the filing deadline posted on its website from March 31 to June 1. The deadline extension follows several other changes and clarifications to the reporting process made during the past year.

EEO-1 Filing Deadline Extended

Without much fanfare, the U.S. Equal Employment Opportunity Commission’s EEO-1 Joint Reporting Committee has extended the deadline for filing of this year’s EEO-1 Survey until June 1, 2018.

An EEO-1 Report FAQ: Meeting the Deadline and Avoiding an OFCCP April Fools’ Day

The EEO-1 form allows the Equal Employment Opportunity Commission to collect data from all employers with more than 100 employees, as well as government contractors and subcontractors, on the race, ethnicity, and gender of their workforces, organized by occupational category. Compiling, reporting, and filing EEO-1 reports can be a confusing and lengthy process. The 2017 EEO-1 report must be filed by March 31, 2018. Here are some answers to contractors’ frequently asked questions on filing their EEO-1 reports as this year’s deadline approaches.

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges joined at least in part in the majority decision and held that sex discrimination under Title VII encompasses discrimination based on sexual orientation. Three judges dissented and would not have extended Title VII protection to sexual orientation. This decision came 11 months after the Eleventh Circuit declined to recognize sexual orientation as a protected category under Title VII in Evans v. Georgia Regional Hospital and 10 months after the Seventh Circuit disagreed, holding that sexual orientation is covered by Title VII, in Hively v. Ivy Tech Community College.

eLABORate: Deadline for Employers to File EEO-1 Report - March 31, 2018

The March 31, 2018 deadline for employers to file the federally mandated EEO-1 report is rapidly approaching. The EEO-1 is a compliance survey that requires company employment data to be categorized by race/ethnicity, gender and job category. The Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) use the EEO-1 to collect and analyze information from private employers and government contractors about their female and minority workforces.

EEO-1 Reporting Deadline is Rapidly Approaching

Employers should be mindful that the March 31, 2018, deadline for filing the 2017 Employer Information Report, commonly known as the EEO-1 report, is fast approaching. While the deadline previously fell on September 30, the Equal Employment Opportunity Commission (EEOC) expects to leave the filing deadline at March 31 annually moving forward. Employers may use employment figures from any pay period in October through December to gather the required data for the report. Federal contractors and subcontractors who are also required to submit a VETS-4212 filing may use a snapshot date of Dec. 31 annually for reporting on both the VETS-4212 and the EEO-1 report, though the filing deadlines remain different for the two reports. Employers may request a one-time extension of 30 days to submit their EEO-1 report if they do so before the March 31 deadline.