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Jun 03, 2019

Employers: Beware the Temptation to “Retaliate”

According to the EEOC, retaliation complaints accounted for a majority of discrimination charges filed with the agency in the fiscal year 2018. Employers must be cognizant of—and resist—the temptation to take action against employees that could be perceived as retaliation for their involvement in any one of many protected activities in the workplace. » Read More

Apr 11, 2019

EEOC Announces Fiscal Year 2018 Data on Charges and Litigation

On April 10, 2019, the Equal Employment Opportunity Commission (EEOC) released its enforcement and litigation data for fiscal year 2018. This EEOC press release highlights some of the statistics. The EEOC noted that, in 2018, it resolved over 90,000 charges of discrimination and recovered over $500 million on behalf of those who experienced workplace discrimination. » Read More

Jan 31, 2019

EEOC Is Up and Running after the Shutdown, Reporting on Settlements and New Litigation Involving Gender Discrimination and Sexual Harassment

With the partial shutdown of the federal government, the EEOC was essentially closed, offering limited services.  Time to file a charge of discrimination was not extended and individuals who were within 30 days of the deadlines for filing were instructed to do so via hard copy, as the on-line portal was unavailable.  » Read More

Jan 02, 2019

EEOC Reports Success in Sexual Harassment Litigation

On December 21, 2018, the EEOC reported on the jury verdict issued just one day prior, in Equal Employment Opportunity Commission v. Favorite Farms, Inc.  The jury awarded compensatory and punitive damages totaling $850,000 against the employer for sexual harassment and retaliation.  » Read More

Oct 12, 2018

Sexual Harassment Charges Up Sharply Post-Weinstein

It may be hard to believe, but October 5, 2018, marked the one-year anniversary of the New York Times exposé of Harvey Weinstein, which led to a nationwide conversation about sexual assault and sexual harassment that continues to this day.  Although it is impossible to quantify the impact of this movement on our society, preliminary data released by the U.S. » Read More

Oct 05, 2018

The Future of Bathroom Accommodations for Transgender Employees in Pennsylvania

The protections afforded to transgender employees in Pennsylvania are increasing but remain uncertain.  In August 2018, the Pennsylvania Human Relations Commission (“PHRC”) issued guidance to elaborate on the meaning of “sex” under the Pennsylvania Human Relations Act (“PHRA”).  The PHRC concluded that sex discrimination does encompass claims of discrimination based on sexual orientation, transgender transition, gender identity, and gender expression.   » Read More

Sep 18, 2018

Pay Equity Litigation

The EEOC recently reported here that it filed suit in the U.S. District Court for the Middle District of Pennsylvania against a company operating in Pennsylvania. The suit alleged that the company violated the federal Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 by paying female sales support staff less than males holding that same position, despite both male and female staff performing substantially equal work.  » Read More

Aug 23, 2018

PHRC Issues Guidance on Sexual Orientation and Gender Identity Discrimination

As many Pennsylvania employers know, the Pennsylvania Human Relations Commission (“PHRC”) is the agency charged with enforcing state anti-discrimination laws such as the Pennsylvania Human Relations Act (“PHRA”). The PHRA largely mirrors federal workplace anti-discrimination laws such as Title VII of the Civil Rights Act of 1964 (“Title VII”), the Americans With Disabilities Act of 1990 (“ADA”), and the Age Discrimination in Employment Act (“ADEA”), but has a lower employee threshold for coverage: four or more employees. » Read More

Jul 20, 2018

New Jersey Moves to Bar Confidentiality in Certain Settlements

Consistent with what appears to be a recent legislative trend throughout the country, New Jersey Senate Bill S121 would bar the use of confidentiality provisions in the settlement of certain discrimination and sexual harassment suits.  On June 7, 2018, this bill passed the Senate almost unanimously.  » Read More

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