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In light of a recent U.S. Equal Employment Opportunity Commission (“EEOC”) communication, employers should review their internal investigation policies to ensure that they do not completely silence employees.  In an August 3, 2012 letter from the EEOC’s field office in Buffalo, New York to an undisclosed employer, the agency warned that the employer’s policy prohibiting…

The Equal Employment Opportunity Commission (“EEOC”) has provided useful guidance to employers in issuing its April 25, 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act” (the “Guidance”).  The Guidance contains the EEOC’s view on employers’ use of criminal arrest and conviction…

Overall, 2011 was a record breaking year for the EEOC.  During the 2011 fiscal year, the Equal Employment Opportunity Commission (“EEOC”) won a record-breaking $365 million for discrimination victims.  In addition, the EEOC’s private sector mediation program obtained more than $170 million in monetary benefits for employees. 

It was also a productive year for the…

On November 9, 2010, the Equal Employment Opportunity Commission (“EEOC”) issued final regulations interpreting Title II of the federal Genetic Information Nondiscrimination Act of 2008 (“GINA”), which addresses GINA’s employment provisions. GINA is the federal law that bans employment discrimination based on an individual’s genetic information. GINA went into effect on November 21, 2009. The…