There have been a couple of interesting developments this week in labor and employment law. First, some may recall that I posted earlier this summer about the employment practice of refusing to consider the unemployed for open positions. I mentioned at the time that a bill had been introduced, the Fair Employment Act of 2011 (H.R. 1113), that would amend Title VII to add “unemployment status” to the list of protected classes. Employment Law Matters reports that the effort to pass such a law continues:
Those of you who follow such things have no doubt enjoyed the recent federal court decisions taking the EEOC to task for its “sue first, ask questions later” approach to class action litigation. As one commentator has noted:
Perhaps the most notable of these recent cases is EEOC v. CRST Van Expedited, Inc., in which the U.S. District Court for the Northern District of Iowa dismissed a sexual harassment case filed by the EEOC on behalf of 67 women, and awarded CRST more than $4 million in attorneys’ fees. The district court, in finding the EEOC’s prosecution of the case to be frivolous, unreasonable and without foundation, sharply criticized the EEOC’s litigation strategy as one of “sue first, ask questions later.” Here, the district court found that the EEOC failed to investigate the specific allegations of the 67 class members until after the civil action was commenced. In fact, the EEOC had not interviewed any of the women who were supposedly sexually harassed and did not subpoena any documents to determine if the allegations were true. Before filing suit, the EEOC also did not identify any of the 67 female class members and did not attempt to conciliate the allegations of those women. In the end, the district court found that the EEOC had not complied with its own administrative requirements and dismissed the case due to the jurisdictional defects.
As some readers may have noticed, I have been on a brief hiatus from blogging. This was primarily due to my real job, practicing labor and employment law, and a much needed vacation. I am back now and offer you some interesting reading that I came across recently:
Topics/Tags
Select- Labor & Employment Law
- Employment Law
- EEOC
- Department of Labor
- Discrimination
- FMLA
- Labor Law
- Wage & Hour
- NLRB
- Arbitration
- Affirmative Action
- National Labor Relations Board
- Americans with Disabilities Act
- Coronavirus
- Immigration
- Diversity
- Social Media
- Reasonable Accommodation
- FLSA
- Sexual Harassment
- Employer Policies
- Title VII
- Sixth Circuit
- Employment Litigation
- Religion Discrimination
- Transgender Issues
- Employer Rules
- Workplace Violence
- Non-Compete Agreements
- Pregnancy Discrimination
- Overtime Pay
- National Enforcement Plan
- Employee Benefits and Executive Compensation
- OSHA
- Holiday Policies
- Privacy
- Artificial Intelligence
- Department of Justice
- NLRA
- Compliance
- Independent Contractor
- Joint Employer
- Telework
- Workplace Accommodations
- Supreme Court
- Federal Trade Commission
- Paid Leave Laws
- Litigation
- Tax Credit
- Employee Tips
- IRS
- One Big Beautiful Bill
- Worker Classification
- Harassment
- Disability Discrimination
- Retirement
- National Labor Relations Act
- Medical Marijuana
- Performance Improvement Plans
- Department of Homeland Security
- Foreign Nationals
- Immigration and Customs Enforcement
- Immigration and Nationality Act
- Accommodation
- Sexual Orientation Discrimination
- Employer Handbook
- Inclusion
- LGBTQ+
- ADAAA
- ERISA
- Race Discrimination
- Unions
- ACA
- Affordable Car Act
- Technology
- Federal Arbitration Act
- Medical Cannabis Dispensaries
- Disability
- Whistleblower
- United States Supreme Court
- 401(k)
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Employment Settlement Agreements
- Benefits
- Gender Identity Discrimination
- Posting Requirements
- Class Action Litigation
- Disability Law
- E-Discovery
- Evidence
- Paycheck Protection Program
- Family and Medical Leave Act
- Environmental Law
- Privacy Laws
- Securities Law
- Preventive Care Benefits
- Health Savings Account
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Healthcare Reform
- Representative Election Regulations
- Older Workers' Benefit Protection Act (OWBPA)
- Electronically Stored Information
- Telecommuting
- Compensable Time
- Equal Opportunity Clause
- Occupational Safety and Health Administration
- Security Screening
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- American Medical Association
- Attendance Policy
- Return to Work
- Seniority Rights
- Unemployment Insurance Integrity Act
- Classification
- Confidentiality
- Disability Leave
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- Social Media Content
- State Minimum Wage
- Wage Increase
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
- Antitrust
Recent Posts
- EEOC Proposes Overhaul of Federal Workplace Discrimination Complaint Process
- OFCCP Publishes Final Rules Reducing Federal Contractor Affirmative Action Obligations
- US Court of Appeals puts $100,000 H-1B Fee on Hold Again
- Asking Is Protected: Sixth Circuit Expands FMLA Retaliation Protections
- New DHS Rule Will Restrict Student Periods of Admission from Duration of Status to Fixed End Date
- TPS Haiti Termination: How Employers Can Ensure I-9 Records Remain Compliant
- A New Enforcement Era: What Employers Should Know About the EEOC’s 2025–2029 National Enforcement Plan
- Beyond Paid Time Off: The Legal Side of Holiday Policies
- EEO-1 Reporting on the Chopping Block: What Employers Need to Know
- DOL Proposes New Joint Employer Rule: What Employers Need to Know