On July 14, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) released its Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with a Q&A document and a Fact Sheet. The agency indicated that it has been seeing a significant number of charges alleging pregnancy discrimination. The enforcement guidance is […]
Labor & Employment Law Update
NLRB and EEOC Target Key Terms of Confidentiality and Severance Agreements
In what is viewed as a major change to the landscape of employee confidentiality agreements, the EEOC and the NLRB have recently targeted a variety of terms found in agreements with employees related to confidentiality of information. The most recent attack comes with the EEOC’s filing of a lawsuit against […]
Computer Fraud and Abuse Act Implications for Employers
Does a departing employee who logs on to his employer’s computer network and accesses information he intends to use for a competing venture violate the Computer Fraud and Abuse Act? (18 U.S.C. § 1030, “CFAA”). An April 2014 federal district court answered in the affirmative, stoking the fire in a […]
Wrong Language Invalidates Age Discrimination Release
A federal court in Colorado in May 2014 denied summary judgment to an employer that sought to enforce an age discrimination release. The court held that while the employer had constructively complied with the Older Worker Benefit Protection Act (“OWBPA”), the law required “strict compliance” in order to have an […]
OFCCP/TRICARE Update: Five-Year Reprieve
On May 7, 2014, the OFCCP published Directive 2014-01, which establishes a five-year moratorium on its enforcement of obligations related to affirmative action programs and recordkeeping under Executive Order (E.O.) 11246, Section 503 of the Rehabilitation Act of 1973 (Section 503), and the Vietnam Era Veterans’ Readjustment Assistance Act of […]