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Despite Confounding Interference and Retaliation Claims, Conn. Federal Court Allows EEOC Case to Proceed

Do employers possess the fundamental right to communicate with current or former employees to inform them about (1) a current or former employee’s filing of a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) and (2) the EEOC’s subsequent request for information about those current or former employees as potential witnesses in the case?

eLABORate: Fifth Circuit Disagrees with EEOC, Applies "Reasonable Belief" Standard to Witness Statement in Company Investigation

There is a uniform rule in the federal court system: an employer may not retaliate against an employee for reporting what the employee “reasonably believes” to be a violation of federal anti-discrimination law.

Fisher & Phillips Offers Comments On EEOC's Proposed Pay Data Collection Rules

Fisher & Phillips recently submitted comments to the Equal Employment Opportunity Commission (EEOC) regarding the agency’s proposed regulations that would require any business with 100 or more workers to provide detailed information about their pay practices to the federal government through the annual EEO-1 Report (read more here). The goal of these proposed regulations is to better track pay disparities between genders so as to increase enforcement of equal pay standards.

Comments Submitted on EEO-1 Pay Data Proposal

As part of the vibrant dialogue currently underway surrounding the EEOC’s proposal for modification of the annual EEO-1 Report to include information on pay, Jackson Lewis submitted feedback for the Agency’s consideration.

EEOC Commissioners Receive Insightful Feedback on EEO-1 Pay Data Collection Tool

Today the U.S. Equal Employment Opportunity Commission held a public hearing regarding the Agency’s pending proposed revisions to the EEO-1 Report to include a pay reporting component. As proposed, all employers with 100 or more employees would add information on aggregate pay ranges and hours worked to the EEO-1 report, beginning in 2017.

Employer’s Reliance On Positive Alcohol Test Was Legitimate and Non-Discriminatory Basis For Termination

An employer’s reliance on a positive alcohol test was held to be a legitimate and non-discriminatory basis for termination, despite the terminated employee’s argument that the test result was inaccurate. Clark v. Boyd Tunica, Inc., 2016 U.S. Dist. LEXIS 35223 (N.D. Miss. March 1, 2016).

Claims and Recoveries Up at EEOC in 2015, Retaliation Tops Charges

The number of charges filed with the U.S. Equal Employment Opportunity Commission rose in the Commission’s last fiscal year, and the amount of money the agency recovered through administrative enforcement and litigation rose sharply in 2015 over 2014. (The fiscal year runs from October 1 to September 30.)

Inconsistent Discipline of Female and Male Mental Health Technicians Bars Summary Judgment for Hospital

Where a former female employee showed a hospital imposed lesser disciplinary action upon male employees for infractions similar to the one that led to her discharge, her sex discrimination claims can proceed, a federal appeals court has ruled, reversing summary judgment for the hospital. Jackson v. VHS Detroit Receiving Hospital, Inc., No. 15-1802 (6th Cir. Feb. 23, 2016).

"You Lie, You Die" – Dishonesty Derails Discrimination Case

It’s an expression you hear often among police officers and other sworn employees: “You Lie, You Die.” That is, if you are caught being deceptive about any work-related subject, you will be terminated and your career will be over. This concept was endorsed in a recent appeals court case that can teach lessons to all employers about the importance of honesty in the workplace.

Fisher & Phillips Offers Comments On EEOC's Proposed Retaliation Guidance

Fisher & Phillips recently submitted comments to the Equal Employment Opportunity Commission (EEOC) regarding the agency’s proposed Enforcement Guidance on Retaliation. The comments reflect an effort by the firm to ensure that a balanced approach to retaliation claims be taken by the agency and any courts that choose to follow its direction, emphasizing the rights of employers just as much as their responsibilities under the law. A copy of the comments can be found here or at the attached PDF file.