The EEOC Hits Just Keep Coming!

By John Alan Doran Last week a federal judge in Hawaii imposed peculiar sanctions against the EEOC for the Commission’s unethical conduct in a class action. In EEOC v. Global Horizons, Inc. et al., No. 1:11-cv-00257-LEK-RLP (D. HI. filed August 20, 2014) the EEOC reached a consent agreement in a class action. The court ordered the […]

EEOC Benchslaps Just Keep Coming

By John Alan Doran Yesterday we reported on an entertaining “man bites dog” case initiated by a former EEOC Phoenix Regional Office investigator who sued the EEOC for race discrimination, retaliation, and violation of her civil rights. “Another Approaching Benchslap for EEOC.” Well, today we report on her co-worker, Quarracy Smith, who is a current […]

Another Approaching Benchslap for EEOC?

By John Alan Doran In a positively delightful “man bites dog” story, a former EEOC investigator just filed suit against the EEOC alleging race discrimination, racially hostile work environment, and retaliation in violation of Title VII and the Civil Rights Act. Richardson v. Barrien et al., No. 2:14-cv-01882-MEA (D. Az., filed  August 22, 2014). Jae Richardson worked […]

Re-Claiming Credit

By Bill Wright When an employee leaves and sets up a competing business, may he or she claim experience for work done by the former employer? The Seventh Circuit recently considered whether an architect – a former employee of a firm – is entitled to advertise his personal experience “designing” the firm’s high profile projects. […]

Texas’ Mess Premature

By Bill Wright Back in November, we alerted you to Texas’ lawsuit against the EEOC over the EEOC’s Enforcement Guidance prohibiting categorical employer policies that preclude hiring convicted felons. Texas v. EEOC, No. 5:13-CV-255-C (N.D. Tex. August 19, 2014). Texas wanted the court to prevent the EEOC from issuing right to sue notices based on […]

The Boss Just Wanted to Help

By Bill Wright Assuming that psychological counseling might be a “medical examination” under the ADA, when may an employer require an employee to get counseling as a condition of continued employment? A recent 6th Circuit case provides some detail – the mere fact that the employee is emotional about a romantic relationship doesn’t cut it. […]

False Filing Still Protected

By Bill Wright A policy against making bad faith complaints of discrimination or harassment is no protection for an employer.  Recently, an employee – jointly employed by the Army and a private employer – filed a complaint of age discrimination with the Army.  Representatives of the private employer thought she should have filed it with […]

Federal Contractors Beware – Part 4

By Lori Wright Keffer On August 6, 2014, the Office of Federal Contract Compliance Programs (OFCCP) released a proposed rule requiring federal contractors to provide “summary” compensation data, as instructed by President Obama in his April 8, 2014 memorandum discussed here. The proposed rule applies to companies that: file EEO-1 reports; maintain 100 employees or […]

You’re on Leave — Return Receipt Requested

By Bill Wright An employee over-extends her FMLA leave and the employer declines to reinstate her.  The employee exclaims that she never knew she was on FMLA – short term disability, sure, but not FMLA.  The employer looks in the file, finds the letter addressed to the employee explaining her FMLA leave, and finds the […]

Class Arbitration–A Gateway Issue for the Court

By Lori Phillips In Opalinski v. Robert Half International, Inc., No. 12-4444 (3d Cir. July 30, 2014), former employees brought claims on behalf of themselves and others against Robert Half International (“RHI”) for unpaid overtime.  The arbitration agreement between the parties provided that “[a]ny dispute . . . arising out of or relating to Employee’s […]