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Showing posts with the label Civil Rights Act of 1991

Business owners, managers, and supervisors: Do your employment agreements shield you from class action employment claims?

According to the source of all knowledge – Google – individual liability exists when a person (like you) is legally responsible for his or her own conduct, debts, or obligations. That means y our individual bank account and other assets could be seized if your actions, or failures to act, violate the law and cause injury to others. Normally, a corporate employer is liable for the wrongs committed against employees by individuals acting on the employer’s behalf. That typically includes the company’s owners, managers, and supervisors. But did you know that many federal and state employment laws also subject owners of businesses, along with their managers and supervisors, to individual liability? Included among these laws are the Fair Labor Standards Act, the Family and Medical Leave Act, the Civil Rights Act of 1991, and numerous state employment discrimination and wage protection laws. These exposures are not limited to your affirmative misconduct. They can include lesser conduct like a...

EEOC to Close Investigations of Disparate Impact Discrimination

The U.S. Equal Employment Opportunity Commission will close almost all pending charges based solely on allegations of disparate impact discrimination by September 30, 2025, according to an internal memorandum obtained by Bloomberg Law. The agency is expected to issue right-to-sue letters to charging parties whose charges will be closed, allowing them to proceed on their own in federal court. While it is not clear whether it was explicitly stated in the memo, it appears reasonably certain the agency itself will not file any litigation premised on disparate impact theory going forward. The memo reportedly allows for limited exceptions subject to approval by EEOC leadership. Charges that allege both disparate impact and disparate treatment theories will remain open, although agency staff have been directed to investigate only the disparate treatment claims. The move follows on the administration’s April 2025  executive order  directing all federal agencies to cease using disparat...