The EEOC Advises Employers on Back-to-Work Preparedness

By Carissa Davis The EEOC notes that to safeguard health and safety, and consistent with the ADA, employers are permitted to make some disability-related inquiries and/or conduct medical examinations in the face of a pandemic. The inquiries or exams must be consistent with business necessity, i.e. necessary to identify employees whose presence would pose a […]

EEOC Benchslapped for Umpteenth Time on Criminal Background Checks

By John Alan Doran In a case with a truly byzantine court history, Texas v. EEOC, Texas has once again prevailed in striking down the EEOC’s “guidance” on employer use of arrest and conviction records. Way back in 2012, the EEOC issued “guidance” making it extremely hard for employers to categorically exclude candidates based on […]

“Deference” “Upheld.”

By Bill Wright The Supreme Court’s decision today on “Auer” deference leaves life in the legal trenches untouched.  See Kisor v. Wilkie, No. 18-15 (S.Ct. June 26, 2019)  Under Kisor, when a regulatory agency issues a rule that is really, truly, ambiguous, and the agency subsequently has an appropriate occasion to think about the rule […]

EEOC Right to Sue Fiasco Ends in Whimper, Not a Bang

By John Alan Doran The EEOC settled a lawsuit challenging its issuance of some 54 “Right to Sue” notices involving BNSF Railway.  Law 360 reports that the case settled when the EEOC agreed to set aside the Right to Sue notices.  BNSF sued the EEOC, claiming that the EEOC violated the Administrative Procedures Act (“APA”) […]

SCOTUS Limits Common Title VII Defense

By: John Alan Doran The U.S. Supreme Court ruled today that a plaintiff’s failure to properly perfect an EEOC charge is a “prudential” defense to a Title VII claim, which may be waived by the employer’s failure to promptly raise the defense in litigation.  Fort Bend County, Texas v. Davis (June 3, 2019).  Davis filed […]

EEO-1 Reprieve

By John Alan Doran Good news from the EEOC for a change!  The EEOC announced that it is delaying the deadline to submit EEO-1 data until May 31, 2019. The agency blames “a partial lapse in appropriations” for its need to extend the deadline, but fails to explain why the lapse necessitates the extension. For […]

When Trying to Be “Kind” Backfires

By Lindsay Hesketh A federal District Court in Michigan recently found that a plaintiff had presented enough direct evidence of age discrimination to merit a trial. The plaintiff worked as a member of defendants’ kitchen staff for about two months. The day after his termination, plaintiff met with the company’s owner to discuss the situation […]

EEOC Commissioner Charge Trickery Called Out

By John Alan Doran Back in 2012, the EEOC issued BNSF a “Commissioner’s Charge,” saying it would investigate purported ADA violations by the railroad.  For several years, BNSF cooperated with the EEOC’s numerous information requests.  During the investigation, BNSF provided the EEOC with the names of 54 BNSF employees, but only after receiving written assurances […]

Get Your Story Straight!

By Alyssa Levy An employer’s facts in an investigation did not match those it reported to the EEOC in response to the same allegations. The employer created its own factual discrepancy, and based on the discrepancy, the 7th Circuit reversed the employer’s summary judgment.  In this case, the Plaintiff reported to Human Resources that a […]


By John Doran In a classic “man bites dog” story, the Florida Senate filed a federal lawsuit against the EEOC yesterday.  The suit seeks to kill an EEOC charge and administrative hearing alleging that a senator sexually harassed a legislative assistant.  While the actual dispute involves only a single senator, the entire Florida Senate was […]