Littler Mendelson, P.C. • September 12, 2018
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 Although those changes were later withdrawn by the Office of Management and Budget, the new filing deadline stayed in place.
Fisher Phillips • August 21, 2018
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.).
Jackson Lewis P.C. • July 31, 2018
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.
Franczek Radelet P.C • June 21, 2018
In an unusual, coordinated litigation strategy, the U.S. Equal Employment Opportunity Commission (EEOC) last week filed seven lawsuits alleging workplace harassment. The lawsuits – which followed a reconvening of an EEOC task force on harassment – suggest that the EEOC is seeking to capitalize on the momentum of the #MeToo movement by emphasizing harassment enforcement actions. The lawsuits also underscore the potential consequences of allowing harassment in the workplace to go unaddressed.
FordHarrison LLP • June 14, 2018
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.
Ogletree Deakins • June 07, 2018
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.
Ogletree Deakins • May 22, 2018
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.
Ogletree Deakins • April 24, 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.
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.
Jackson Lewis P.C. • April 22, 2018
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.