join our network! affiliate login  
Custom Search
GET OUR FREE EMAIL NEWSLETTERS!
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

Share 2018 EEO-1 Filing Process Likely to Be Delayed Due to Government Shutdown

The Equal Employment Opportunity Commission (EEOC) is one of the federal agencies affected by the ongoing partial federal government shutdown. In addition to investigating and processing charges of discrimination, the EEOC also administers the annual EEO-1 filing process through the EEO-1 Joint Reporting Committee. Based on calls to the EEO-1 Joint Reporting Committee helpline, it seems the EEOC had planned to open the 2018 EEO-1 filing website during the second or third week of January 2019, with a planned filing deadline of March 31, 2019. More recent information suggests that the EEOC plans to open the EEO-1 filing website at the end of January 2019, but that is dependent on when the partial shutdown ends.

Lack of Training Deemed Adverse Action

What is an “adverse action”? In the workplace some may think that it is only when someone is fired. However, much more falls under the “adverse action” umbrella. What about denying an employee a training opportunity

New York Court Rules on Adverse Action

A federal district court in New York analyzed what constitutes an adverse action in an employment context.

Help! I Just Received a Charge of Discrimination. Now What? - Part 3 of 3

In this three-part series, we are exploring best practices for handling a charge of discrimination. The first part of the series addressed important preliminary questions you should be asking upon initial receipt of the charge. The second part dealt with best practices for the investigation phase of the administrative process. This final part of the series will address what you should do once the EEOC issues its finding.

Help! I Just Received a Charge of Discrimination. Now What? - Part 1 of 3

So you’ve just received a charge of discrimination from the Equal Employment Opportunity Commission (“EEOC”) or a local agency. Now what? In this three-part series, we will explore best practices for handling a charge.

Changing Stated Reasons For Termination Might Come Back To Bite You

Changing reasons for termination can be a real problem for employers. This is often a lesson management side labor and employment lawyers spout to their clients over and over again. One employer in Kansas unfortunately learned this lesson the hard way.

Employee’s ADA Claim is Out of Sight

Advancements in technology and software can help employers track employee productivity. But what happens when an employee’s medical condition influences her ability to use an employer’s technology?

EEO-1 Reporting Deadline Still March 31

For over 50 years, by September 30, employers with 100 or more employees and federal contractors with at least 50 employees were required to submit an EEO-1 report to the Equal Employment Opportunity Commission (EEOC). The EEO-1 report provides the EEOC with data about the size, location, and race and gender demographics of an employer’s workforce. In 2017, due to proposed changes that would have required employers to also provide information on employee compensation and hours worked, the filing deadline for 2017 EEO-1 reports was changed to March 31, 2018. Although those changes were later withdrawn by the Office of Management and Budget, the new filing deadline stayed in place.

Federal Appeals Court Overturns Decades Of Precedent To Revive Workplace Claim

Overturning 40 years of precedent, the 10th Circuit Court of Appeals has just ruled that an employee’s failure to file an EEOC charge does not necessarily bar consideration of a private discrimination lawsuit. By concluding that an Equal Employment Opportunity Commission (EEOC) charge is not a jurisdictional prerequisite to suit, the federal appeals court’s August 17 decision provides a new lifeline for disgruntled employees and former employees to bring suit against their employers (Lincoln v. BNSF Railway Company, Inc.).

Fifth Circuit Finds Employer’s Peer Review Process Does Not Constitute an Adverse Employment Action

The federal Fifth Circuit Court of Appeals recently issued an interesting decision finding that the actions of an employer’s peer review committee did not constitute an adverse employment action under Title VII of the Civil Rights Act of 1964. This decision was driven by the specific facts presented to the court, so it does not necessarily signal a trend toward peer review actions being treated in this manner in Title VII cases. Visit our EPL Risk Mitigation blog to learn more about this decision.