Showing 3 posts from February 2014.

First Circuit Clarifies "Severe or Pervasive" Standard in Hostile Work Environment Claim

The employee was hired as the Area Manager for a national company and began experiencing performance problems almost immediately. She was fired less than a year after beginning her employment and subsequently filed a lawsuit alleging that she was subject to sexual harassment and was terminated in retaliation after reporting the harassment.   More ›

Release Relapse: EEOC Files Suit Alleging that Employer’s Separation Agreement Violates Title VII

In a lawsuit filed earlier this month in the Eastern District of Northern Illinois, the EEOC has challenged a national employer’s Separation Agreement, and specifically the general release of claims that it asks departing employees to sign. The EEOC specifically alleges that the release violates Title VII of the Civil Rights Act of 1964 by interfering with employees’ right “to file a charge” with the EEOC and “to participate and cooperate with an investigation” by the agency. The lawsuit is noteworthy for two reasons. First, the release involved is fairly standard, i.e., there is nothing particularly aggressive about it (with one potential exception, discussed below). Second, the complaint clearly signals the EEOC’s current position on the type of releases commonly used by many employers: any release that could potentially be interpreted to limit employees’ ability to interact with the EEOC may be viewed as a violation of Title VII. More ›

Obama Administration Relaxes Employer Mandate

The moving target that is the Affordable Care Act’s employer mandate keeps on moving.

The Treasury Department today issued a rule relaxing important employer requirements under the ACA, foremost among them to postpone the mandate for businesses with between 50 and 99 employees until 2016. More ›