DOL and EEOC Weigh In On Title VII and Bathroom Restriction Laws

Garrett Wozniak
Garrett Wozniak
05/06/2016
Earlier this week, the Equal Employment Opportunity Commission issued a fact sheet titled “Bathroom Access Rights for Transgender Employees Under Title VII of the Civil Rights Act of 1964.”  Yesterday, the Department of Justice sent a letter to North Carolina’s governor stating that his state’s H.B. 2 -- legislation which requires individuals to use public restrooms associated with their gender at birth -- violates Title VII of the Civil...
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EEOC Has Right to Investigate Charge Filed by Undocumented Worker

The United States Court of Appeals for the Fourth Circuit has ruled that the Equal Employment Opportunity Commission ("EEOC") has the right to investigate a charge of discrimination filed by an employee who was not legally authorized to work in the United States. EEOC v. Maritime Autowash, Inc., 4th Cir No. 15-1947 (April 25, 2016).  Although the Court found the Commission may investigate the claims, it did not resolve the broader question of...
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The Final Persuader Rule Is Here, For Now.

Randi Klein Hyatt
Randi Klein Hyatt
03/24/2016
On March 23, 2016, the Department of Labor revealed its long-time coming final rule that requires certain disclosures now be made for outside labor relations consultants who assist employers during union organizing activity or collective bargaining, and which are no longer protected under the "advice" exemption under the disclosure obligations.  The reporting requirements under Labor-Management Reporting and Disclosure Act will now include any third...
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EEOC Files Its First Sexual Orientation Discrimination Lawsuits

Garrett Wozniak
Garrett Wozniak
03/03/2016
The Equal Employment Opportunity Commission has filed two lawsuits claiming that the plaintiffs were discriminated against because of sexual orientation. These are the first cases the EEOC has filed with Title VII claims based on sexual orientation. One of the lawsuits, EEOC v. Pallett Cos, No. 16-595, was filed in the United States District Court for the District of Maryland. The other, EEOC v. Scott Med. Ctr., was filed in federal court in...
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EEOC Proposes Quotas for Disabled Affirmative Action under the Rehab Act

Darrell VanDeusen
Darrell VanDeusen
02/25/2016
On February 24, 2016, the EEOC published a Notice of Proposed Rulemaking (NPRM) in the Federal Register describing specific actions that federal agencies must take to comply with their obligation to engage in affirmative action in employment for individuals with disabilities. The public now has 60 days (until April 25) to submit comments. EEOC has also published a question-and-answer document on the NPRM and a document providing background...
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More On Joint Employer Status From The Department Of Labor

Earlier this week, the Wage and Hour Division (WHD) of the Department of Labor issued an Administrator's Interpretation No. 2016-01 (AI) on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant Seasonal Agricultural Worker Protection Act (MSPA).  The guidance reconfirms existing WHD policy, which identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly liable for compliance....
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The NLRB's Big Mac Attack

Randi Klein Hyatt
Randi Klein Hyatt
01/13/2016
The National Labor Relations Board recently heard two interlocutory appeals by McDonald’s that arise out of a sprawling case against it and a number of its franchisees. The General Counsel filed 61 unfair labor practice charges in 6 regions. The charges were brought against 31 parties (30 franchisees and the corporate franchisor) and allege 181 violations. The General Counsel did not allege that McDonald’s (the corporate franchisor) engaged in...
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EEOC Provides Guidance Regarding Muslim and Middle Eastern Employees

On the heels of the recent terrorist attacks in Paris and San Bernardino, EEOC Chair Jenny R. Yang recently issued a statement to “Address Workplace Discrimination Against Individuals Who Are, or Are Perceived to Be, Muslim or Middle Eastern.” Along with the statement, the EEOC released two “resource documents” to provide guidance to employees and employers on how to handle workplace situations involving discrimination against individuals...
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Sexual Orientation Discrimination Covered By Title VII?

David Baldwin, a Supervisory Air Traffic Control Specialist at Miami International Airport, filed a federal lawsuit because he was denied a promotion to a permanent position as a Front Line Manager.  The lawsuit filed under Title VII alleges that Baldwin was discriminated against because of his sexual orientation.  While many state laws explicitly provide that sexual orientation cannot be the basis of an employment action, Title VII does not...
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New OFCCP Rule Will Prohibit Rules Limiting Salary Discussions

Randi Klein Hyatt
Randi Klein Hyatt
09/11/2015
On September 11, 2015, the Department of Labor’s Office of Federal Contract Compliance Programs issued its Final Rule in response to Executive Order 13665. The Rule, which can be found here, is codified at 41 CFR Part 60 and becomes effective in 120 days. The Rule prohibits federal contractors (or subcontractors) with contracts (or subcontracts) worth over $10,000 from discriminating against employees (including supervisors) or job applicants...
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