In a practice area with as much individuality as labor and employment law, the voices of law firms inject the kind of color, insight and expertise that provide inside counsel and other legal professionals with a cornerstone of true understanding. Here, InsideCounsel brings together the voices of firms active in the space to get their take on the issues shaping the policies of workplace compliance and regulation.

EEOC keeps to its word

“The EEOC's strategic action plan identifies preserving access to the legal system as one of its enforcement priorities. The EEOC is keeping to its word. Last July, it entered into a consent decree with Baker & Taylor, Inc., because it claimed employees were required to sign a release agreement that could have been understood to bar the filing of charges with the EEOC and to limit communication with the agency. In February, the EEOC filed a lawsuit against CVS Pharmacy claiming that its separation agreement likewise prevented employees from exercising their rights under employment discrimination statutes, primarily because the agreement does not explicitly state that an employee has the right to file a discrimination charge. There is a relatively easy way to deal with this issue: Have a discrimination charge/agency carve-out which applies agreement wide or is repeated in the types of provisions the EEOC is challenging.”