Management Update
EEOC Resolves Pregnancy Discrimination Lawsuit
Bourne’s House Restaurant in Franklinton, Louisiana, admitted to violating federal law when it fired and refused to rehire an employee due to pregnancy. 

This behavior is in violation of Title VII of the Civil Rights Act of 1964, which forbids discrimination based on pregnancy. After failing to achieve a pre-litigation settlement through its voluntary conciliation procedure, the EEOC filed suit in the United States District Court for the Eastern District of Louisiana (Civil Action No. 21-01665). Bourne's House, LLC will not only pay the former employee $30,000 in damages under the five-year consent decree, but also undergo training, change procedures, give regular reports to the EEOC, and post a notice affirming its Title VII obligations.

Details on the case can be found at www.eeoc.gov.
H-2Bs Available for Summer Workers
Employers in the United States can now apply for the 35,000 H-2B visas that were recently made available for seasonal foreign guest workers this summer. These visas are valid for anyone working before September 30.

Returning H-2B employees will be eligible for 23,500 visas, while nationals of El Salvador, Guatemala, Haiti, and Honduras will be eligible for 11,500 visas, regardless of whether they are H-2B returning workers. Those who acquired an H-2B visa or were otherwise given H-2B status during one of the previous three fiscal years are considered returning workers.

The landscaping, hotel, and construction industries, among others, rely on the H-2B guest-worker program, which has a yearly ceiling of 66,000 visas split evenly between the fall/winter and spring/summer seasons. On February 25, the H-2B cap for the second half of the fiscal year 2022 was surpassed.

Employers seeking H-2B workers must prove that there are insufficient U.S. workers who are able, willing, qualified, and available for the positions being offered and that hiring H-2B workers will not have a negative impact on the wages and working conditions of similarly employed U.S. workers.
EEOC Issues Federal Workforce Report for 2019
The U.S. Equal Employment Opportunity Commission (EEOC) has released its Annual Report on the Federal Workforce for fiscal year 2019.

“The federal government is the nation’s largest employer, with just under 3 million employees, and reports like this are important to measure the federal sector’s progress in promoting equal employ­ment opportunity and an inclusive work culture,” said EEOC Chair Charlotte A. Burrows. “Although only a snapshot, annual data on the federal workforce helps us focus our efforts to make the federal government a model employer with respect to protection of civil rights.”

Find the full report online at www.eeoc.gov.
Upcoming Labor & Employment Events
Breazeale, Sachse & Wilson, L.L.P. Labor & Employment Attorneys
David C. Fleshman
david.fleshman@bswllp.com
225.381.8055
Murphy J. Foster, III
murphy.foster@bswllp.com
225.381.8015
Alexandra Cobb Hains
alex.hains@bswllp.com
225.381.3175
Philip Giorlando
philip.giorlando@bswllp.com
504.680.5244
Leo C. Hamilton
leo.hamilton@bswllp.com
225.381.8056
Kayla M. Jacob
kayla.jacob@bswllp.com
504.584.5451
Rachael Jeanfreau
rachael.jeanfreau@bswllp.com
504.584.5467
Steven B. Loeb
steven.loeb@bswllp.com
225.381.8050
Eve B. Masinter
eve.masinter@bswllp.com
504.584.5468
Matthew M. McCluer
matthew.mccluer@bswllp.com
504.584.5469
E. Fredrick Preis, Jr.
fred.preis@bswllp.com
504.584.5470
Jacob E. Roussel
jacob.roussel@bswllp.com
225.381.3172
Melissa M. Shirley
melissa.shirley@bswllp.com
225.381.3173
Jerry L. Stovall, Jr.
jerry.stovall@bswllp.com
225.381.8042