Earlier this month, the Senate confirmed Sharon Fast Gustafson as the new General Counsel for the Equal Employment Opportunity Commission (EEOC). The position is an important one, as the General Counsel for the EEOC in large part determines litigation strategies and initiatives on behalf of the agency. Ms. Gustafson is a solo practitioner who has represented both employers and employees.
In other EEOC news, the agency denied a request by a Los Angeles-based employer for an extension of time to respond to an EEOC charge. Although the EEOC has granted such extensions routinely, a new mandate from the administration to move cases along quickly means extensions in the future may only be granted under extraordinary circumstances. It is unclear whether this mandate is a nationwide initiative or limited to the Los Angeles district of the EEOC.
In Texas, the Fifth Circuit Court of Appeals recently struck down Obama administration-era EEOC guidance limiting employers’ use of criminal background checks. The decision does not invalidate the so-called “ban the box” statutes in many state and local jurisdictions preventing employers from requesting information about an applicant’s prior conviction.
As of last month, New Jersey employers are now prohibited from using an applicant’s salary history as a factor in a hiring decision. The state is one of many to enact such a law.
Finally, the Eighth Circuit recently joined many other Circuits declaring that regular attendance can indeed be an essential function of the job which may appropriately affect the discipline and leave issues under the FMLA and ADA.
Questions about labor and employment law or other topics from this our last Telebrief?
Contact Howard Kurman at email@example.com or 410-209-6417.
About the Telebriefs®
The Telebriefs® are 30-minute, information-packed phone calls geared towards executives, HR directors, supervisors, managers, and business owners. Join Howard K. Kurman, as he discusses employment law developments occurring over the past two weeks that will most significantly impact employers nationwide. These twice-monthly phone calls are an easy way to stay current and compliant with the latest employment law developments that will significantly affect you and your company. The goal is to provide information and insights to help executives stay current with the latest workplace law developments and in front of trends, to enable proactive policy-making and management. Our guarantee: You will learn something useful on every call!
ABOUT THE PRESENTER
Howard K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.
ABOUT OFFIT KURMAN
Offit Kurman is one of the fastest-growing full-service law firms in the United States. With over 200 attorneys in 14 offices that stretch from New York to North Carolina, we represent privately-held companies and families of wealth throughout their business life cycles. Our mission is to provide our clients with “The Better Way” to grow their organizations, protect their businesses’ and families’ wealth, and resolve their most challenging legal conflicts. In addition to our quality of attorneys and breadth of legal services, Offit Kurman is distinguished by our unique operational structure, which encourages collaboration rather than internal competition. The same approach that makes our firm attractive to legal practitioners gives clients unlimited access to experienced counsel in every area of the law. Trust, Knowledge, Confidence—in a partner, that’s perfect.
Find out why Offit Kurman is The Better Way to protect your business, your assets and your family by connecting via our Blog, Facebook, Twitter, Instagram, YouTube, and LinkedIn pages. You can also sign up to receive LawMatters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.
DELAWARE | MARYLAND | NEW JERSEY | NEW YORK | NORTH CAROLINA | PENNSYLVANIA | VIRGINIA | WASHINGTON, DC