March 2016 L&E Update from Baker Donelson

Submitted by Firm:
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Firm Contacts:
Jennifer L. Anderson, Kathlyn Perez, Phyllis G. Cancienne, Robert C. Divine
Article Type:
Legal Update

The EEOC is bringing a new meaning to March Madness this year! The EEOC's new procedures for employers' position statements allow employees to look at the employer's position statement during the investigation, while a newly proposed guidance may lower the bar for employees bringing retaliation claims. Moreover, a recently proposed rule focusing on pay discrimination could place burdens on employers with 100 or more employees. This month's update helps employers avoid some of the madness associated with the new procedure and proposed changes. Also, the Immigration Update explains emergency procedures addressing the backlog of applications for H-2B status for temporary nonimmigrant workers. Finally, be sure to learn about Memphis shareholder Angie Davis in March's Attorney Spotlight.

EEOC Does its Best to Make Complaining Employees Untouchable with New Enforcement Guidance on Retaliation

Adam Gates (

Almost 20 years have passed since the EEOC published its guidance on retaliation claims in 1998, and much has changed in the workplace since then. Not surprisingly though, the agency's position on retaliation – now the most likely claim to show up in an EEOC Charge – has become even more employee-friendly.  More...

EEOC: Show Me Yours, but I Won't Let You See Theirs

David Harvey (

Most employers know the drill: employee feels as though they have been the subject of a discriminatory or retaliatory act by their employer; employee contacts the Equal Employment Opportunity Commission (EEOC); employee files a Charge with the EEOC; then the employer receives a Notice of Charge from the EEOC, along with a Request for Information which normally asks for a statement of position.  More...

The Spotlight on Pay Equity is Here to Stay

Jamie Ballinger-Holden (

On January 29, 2016, the EEOC announced proposed rules that would require all employers with 100 or more employees – not just federal contractors as had been anticipated – to add W-2 earnings and hours worked to the information included in their employer information reports (EEO-1s). Employers with 100 or more employees already provide the federal government with data on gender, race and ethnicity in their EEO-1 reports. Employers with less than 100 employees are not required to file EEO-1 reports. These new proposed reporting requirements would begin with the September 2017 EEO-1 report.  More...

Immigration Update

Amber Seay (

This month: In an attempt to cut the red tape, the Department of Labor announces emergency procedures for backlogged H-2B applications.  More...