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EEOC Extends Deadline for 2015 EEO-1 Reports

The Equal Employment Opportunity Commission (EEOC) has announced that the EEO-1 Joint Reporting Committee has extended the deadline for all EEO-1 Report filers from September 30, 2015 to October 30, 2015. Covered employers must file the EEO-1 Report with the EEOC and certify the report by the deadline.

EEO-1 Filing Deadline Extended to October 30, 2015

Executive Summary: The EEO-1 Joint Reporting Committee has extended the deadline for all EEO-1 filers from September 30, 2015 to October 30, 2015.

Second Circuit Refines Title VII Pleading Standard

The Second Circuit Court of Appeals recently remanded a former employee’s racial discrimination lawsuit brought under Title VII of the Civil Rights Act of 1964. In Littlejohn v. City of New York, No. 14-1395 (August 3, 2015), the court held that the “plausibility” standard for pleadings espoused in Twombly and Iqbal applies to Title VII claims, insofar as the plaintiff need only provide “plausible support to a minimal inference of discriminatory motivation.”

Fourth Circuit Rejects "Manager Rule" Exception in Title VII Retaliation Cases

Title VII of the Civil Rights Act of 1964 not only prohibits discrimination based on race, color, sex, religion, and national origin, but also prohibits retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding. In many jurisdictions, however, the so-called “manager rule” is an exception to Title VII’s anti-retaliation protections.

Update: EEO-1 Filing Deadline Extended Until October 30

The EEO-1 Joint Reporting Committee has extended the deadline for filing this year’s EEO-1 Reports. The new deadline to file reports is now October 30, 2015.

eLABORate: EEO-1 Filing Deadline Approaching

The deadline for designated employers to file their annual Employer Information Report (“EEO-1”) with the Equal Employment Opportunity Commission (“EEOC”) is September 30, 2015.

Another EEO-1 Filing Rule Change

As we previously reported, the annual EEO-1 Reporting portal has opened and along with it some changes to the reporting requirements. Probably the most impactful change is the new requirement that companies may no longer file more than one EEO-1 report for the same address if the North American Industrial Classification System Code (NAICS) is the same for more than one of the entities. In other words, if your company has multiple entities at the same address and those entities, while legally distinct, engage in the same services, activities or product development you must now file a single consolidated report. For companies with complex organizational structures and/or significant acquisitions, this will require detailed review and assessment of your filings.

EEO-1 Reporting Portal Now Open

In addition to filing annual VETS-4212 reports, federal contractors with 50 or more employees and $50,000 or more in contracts (and non-government contract employers with more than 100 employees) must file annual EEO-1 surveys. The reporting portal for filing the EEO-1 reports opened today and will remain open until at least September 30.

Circuit Courts Are Split on Applying the FLSA "Manager Rule"

The extent to which employees who are responsible for investigating or resolving discrimination complaints are protected from retaliation is still up for debate. State and federal discrimination statutes prohibit retaliating against employees who engage in activity pursuant to the same statutes. If the countless managerial employees who routinely investigate discrimination complaints in the normal course of business are found not to be engaging in protected activity, then employers would be free to retaliate against employees who don’t “toe the party line.” However, if those employees are found to be engaging in protected activity, the universe of actionable retaliation claims could balloon. While there has been little case law on this issue — up until this month, only two circuit courts had considered the issue — two additional circuits recently weighed in.

Fourth Circuit Adopts the Joint Employer Test for Title VII Claims

In Butler v. Drive Auto. Indus. of Am., Inc., the Fourth Circuit Court of Appeals (which has jurisdiction over North and South Carolina) joined the majority of federal appellate courts in holding that multiple entities may simultaneously be considered the employers of an employee for purposes of Title VII of the Civil Rights Act of 1964.