Category Archives: Equal Employment Opportunity Commission (EEOC)

Is Gender Identity a Protected Class?

The Obama era Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) would have said, “YES.”  Yesterday, the Trump Administration’s DOJ answered that question with a “NO,” reversing the federal government’s stance regarding whether gender identity is a protected class under Title VII of the Civil Rights Act of 1964 (Title VII). Attorney General Jeff Sessions communicated in a letter to all U.S. Attorneys on October 4, 2017 that Title VII does not cover bias based on transgender status.  The letter reverses a position taken by former Attorney General Eric Holder in December 2014.  Attorney General Sessions wrote, “This …

[ CONTINUE READING ]

Mixed Messages on LGBT Protections

NYC Guidelines Strengthen Transgender Protections in Employment; NC Law Eliminates Local LGBT Protections Altogether.  Confused, Anyone? I don’t envy employers these days. It ain’t easy staying on top of all of the federal, state, and local employment laws and regulations out there at the moment. And if you’re an employer with employees in multiple states across our great country, forget about it. (On second thought, don’t forget about it, just delegate figuring that mess out to your favorite employment lawyer.) Case-in-point, the many and varied laws out there regarding the protections afforded LGBT employees.

I Resolve . . . Not to Get Sued for Religious Discrimination and Harassment

As we close the books on 2015, fueled in no small part by the terrorist attacks in Paris and San Bernardino, the immigration crisis in Europe, our own crazy election-cycle politics, etc., etc., there is a palpable anti-Muslim rhetoric that’s plowing its way through social media and, quite possibly, making its way right to your company water cooler. And, as if we needed more fuel for the fire, religious awareness (and sometimes, real or perceived religious intolerance) is heightened during the holiday season. It’s an employer’s perfect [snow]storm. As put mildly by the Society for Human Resources Management (SHRM), terrorist …

[ CONTINUE READING ]

A Busy EEOC: 99,412 Charges Filed in 2012

The U.S. Equal Employment Opportunity Commission (EEOC) was busy in fiscal year 2012. On January 25, 2013, the EEOC announced that it received 99,412 private sector workplace discrimination charges for fiscal year 2012, which runs from October 1 to September 30. The most frequently filed charges were for retaliation (37,836), race (33,512) and sex discrimination (30,356), which includes allegations of sexual harassment and pregnancy, respectively. This was slightly less than fiscal year 2011, which saw 99,947 charges in the private sector. While the vast majority of the charges filed led to no cause findings, the EEOC filed 122 lawsuits including …

[ CONTINUE READING ]