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.
Articles Discussing Title VII Of The Civil Rights Act Of 1964.
Eleventh Circuit Raises Bar for Employers Seeking Summary Judgment in Discrimination Cases
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.
EEO-1 Filing Deadline Extended
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.
EEO-1 Reporting Deadline is Rapidly Approaching
Employers should be mindful that the March 31, 2018, deadline for filing the 2017 Employer Information Report, commonly known as the EEO-1 report, is fast approaching. While the deadline previously fell on September 30, the Equal Employment Opportunity Commission (EEOC) expects to leave the filing deadline at March 31 annually moving forward. Employers may use employment figures from any pay period in October through December to gather the required data for the report. Federal contractors and subcontractors who are also required to submit a VETS-4212 filing may use a snapshot date of Dec. 31 annually for reporting on both the VETS-4212 and the EEO-1 report, though the filing deadlines remain different for the two reports. Employers may request a one-time extension of 30 days to submit their EEO-1 report if they do so before the March 31 deadline.
UPDATE: EEOC Clarifies Change to EEO-1 Reporting for Employees at Client Sites
As we recently reported, the instructions for filing current EEO-1 reports includes a change to the reporting requirements for employees working at client sites.
Changes to EEO-1 Reporting for Employees at Client Sites
As we shared previously, the portal is currently open for EEO-1 Reporting. In addition to the change in timing of reporting and other administrative items, the EEOC Joint Reporting Commission has made a change to the way employers must report certain types of employees.
EEOC: Retaliation Tops Discrimination Charges Filed in Fiscal Year 2017
Retaliation was the most common workplace discrimination charge received by the U.S. Equal Employment Opportunity Commission in fiscal year (FY) 2017, according to the agency. (The fiscal year runs from October 1 to September 30.) Retaliation has been at the top since FY 2010.
EEO-1 Survey Portal Open for Reporting
The portal is now open for employers to file their 2017 EEO-1 Surveys. The deadline to file this year is March 31, 2018. Following a reprieve in 2017, this will be employers’ first filing since the Fall of 2016. While giving employers a break from reporting, the hiatus also allowed the EEO-1 Joint Reporting Committee time to implement some changes to the reporting portal.
The Fight to Keep EEO-1 Pay Data Collection
Just when it appeared settled that EEO-1 Pay Data reporting was no longer on the table, advocacy groups have filed a lawsuit to reinstate the rule.
It’s Time to be Thinking about your 2018 EEO-1 Reports
Now that you’ve successfully filed your 2017 VETS-4212 reports, it’s time to focus on EEO-1 reporting. Most employers are not accustomed to focusing on EEO-1 reporting going into a new year, but following the filing reprieve in 2017, employers need to make sure they are prepared to file in 2018.
Ninth Circuit Orders Gross Ups for Back Pay Award
In a short published opinion, the U.S. Court of Appeals for the Ninth Circuit sided with the Third, Seventh and Tenth Circuits, and split with the D.C. Circuit, over whether a federal district court may award a “tax consequence adjustment” or “gross up” for receipt of a back pay award given in one lump sum.
Performance Evaluations: A Lesson on Documentation
Cases turn on the evidence. In the case of an employment discrimination or retaliation claim, the key may lie in the employee file maintained by the employer. One common piece of documentation created and maintained by many employers is performance evaluations. In Walker v. Verizon, a federal district court in Pennsylvania ruled on a case illustrating how important documentation can be in defending these claims.
Salary (Non)Disclosure Rules Continue to Spread
As we reported recently, the White House announced an immediate stay of new EEO-1 pay data collection requirements that would have required more transparency about compensation based on race and gender. Citing the unnecessary burden and other data interpretation concerns, the Office of Management and Budget called for further review of the proposed Equal Employment Opportunity Commission action. While this reporting and disclosure rule was widely (and inaccurately) panned as halting the “Equal Pay Rule,” a growing number of states and local jurisdictions are passing and/or pushing for greater salary transparency while also prohibiting salary-related questions.
Tips for Employers Facing a Charge of Discrimination
When an employer receives a charge of discrimination from the U.S. Equal Employment Opportunity Commission or a state agency that enforces anti-discrimination laws, it is important that the charge be handled properly. That is because administrative charges are often followed by discrimination lawsuits.
Additional Information for 2017 EEO-1 Reporting
Following the announcement placing the EEO-1 pay data requirement on indefinite hold, the EEO-1 Joint Reporting Committee has clarified open questions regarding the details for 2017 EEO-1 Reports. In an e-mail sent to report filers, the Committee clarified: