Labor Days
Court of Appeals Dismisses EEOC Appeal of Background Check Suit, Faulting Agency Process
In the appeal of a lawsuit brought by the EEOC over a Texas employer’s use of background checks in the hiring process, Equal Employment Opportunity Commission v. Freeman, the Fourth Circuit Court of Appeals slammed…
Publically Traded Companies Beware: An SEC Filing Can be Evidence of an Adverse Employment Action in a Claim of Retaliation
A Title VII plaintiff can prove retaliation using either the direct or indirect method. Under the direct method a plaintiff must prove (1) that she engaged in a statutorily protected activity; (2) that she was…
Abercrombie Hijab Case Could Create “Damned if You Do, Damned if You Don’t” Situation for Employers
All reports and the transcript from Wednesday’s Supreme Court argument in the closely-watched Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. case seemed to reveal a Court that was…
Recent EEOC Settlements Serve as Reminder to Employees to Offer Reasonable Accommodations for Employee Drug Tests
While drug testing policies are becoming commonplace, employers must remember that they can violate the Americans with Disabilities Act (ADA) if reasonable accommodations are not provided, as a recent decision in a…
Beer Distributor Settles Hairy Situation over Rastafarian Delivery Driver
Last month, a North Carolina beer distributor agreed to a $50,000 settlement with the U.S. Equal Employment Opportunity Commission (“EEOC”), after being accused of discriminating against a Rastafarian man when it…