join our network! affiliate login  
Custom Search
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

Fifth Circuit Holds Refusal to Accept Employee's Rescission of Resignation Can Be Considered Retaliation

On November 17, 2015, the U.S. Court of Appeals for the Fifth Circuit held an employer’s rejection of an employee’s rescission of resignation can “sometimes constitute an adverse employment action” and may be considered retaliation under Title VII. Tyrikia Porter v. Houma Terrebonne Housing Authority Board of Commissioners, d/b/a Houma Terrebonne Housing Authority, No. 14-31090 (5th Cir. Nov. 17, 2015). Even though the case was brought under Title VII, the decision continues the trend of expanding the types of employer actions that might constitute retaliation.

Third Circuit Rules on Employer Liability Regarding Temporary Employees

The 3rd Circuit Court of Appeals has ruled that an employer using the services of a staffing agency (Labor Ready) may be held liable under federal and state civil rights laws for racial discrimination claims made by temporary employees. The 3rd Circuit applied the Supreme Court case Nationwide Mutual Insurance Co. v. Darden, which interpreted the definition of employee.

Straight from the source: EEOC’s 10 hottest litigation trends

Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference.

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.