Showing posts with label EEOC. Show all posts
Showing posts with label EEOC. Show all posts

Monday, February 13, 2017

Will new EEOC Chair usher in sweeping changes?

With a change in administrations comes a change at the head of various federal agencies, including the Equal Employment Opportunity Commission. The agency’s new chairperson, Victoria Lipnic, an EEOC Commissioner since 2010, is a Trump appointed Chairperson. So, with an eventual Republican-majority EEOC, will she undo the pro-employee policies of the Obama Democratic majority EEOC of the past eight years?

Thursday, January 5, 2017

Mandatory flu shots cost employer bigly

You may recall that in September I reported on a lawsuit the EEOC filed against a Pennsylvania hospital, alleging that it unlawfully fired six employees after denying their request for a religious exemption from the flu vaccine.

How did that case turn out for the employer? Not well. From the EEOC:

Thursday, December 15, 2016

When a self-fondling supervisor earns the nickname “Mr. Bojangles,” it’s not going to end well

The EEOC reports that it has sued Goodwill Industries of the East Bay Area for sexual harassment and disability discrimination, following allegations made by disabled female nightshift janitors against their supervisor. The allegations are … disturbing:

Tuesday, November 29, 2016

“Perceived” national origin discrimination may not be illegal, but…

Lost in the maelstrom of the last week’s FLSA overtime rule injunction was the news that the EEOC issued updated enforcement guidance on national origin discrimination.

The guidance, which replaces the EEOC’s older 2002 guidance and covers topic such as citizenship, language issues and English-only policies, and harassment, is recommended reading for all employers, as are the EEOC’s companion Q&A and small business fact sheet.

Let me point out, however, one area of contention—the issue of “perceived” national origin discrimination.

Wednesday, November 9, 2016

Federal court recognizes LGBT employment discrimination as illegal under Title VII

It’s been more than a year since the EEOC first announced that it would accept LGBT-discrimination charges as sex-discrimination charges under Title VII. Last week, the EEOC finally got a federal court to agree with its position in a LBGT-discrimination-is-sex-discrimination lawsuit.

Tuesday, November 8, 2016

EEOC on Wellness Programs and EEO-1s

The EEOC has posted webinar recordings of two significant new rules: Wellness and EEO-1 requirements.

Monday, October 31, 2016

Feds publish a Halloween trick for employers

Have you seen It is a how-to manual for employees to file charges with the full gauntlet of federal labor-and-employment agencies―EEOC, NLRB, OSHA, and DOL Wage-and-Hour Division.

Thursday, October 20, 2016

Is social recruiting discriminatory?

Yesterday, I noted that the EEOC is examining the impact of “big data” on how employers reach employment decisions.

Looking at an issue and doing something about it, however, are two entirely different animals. I wonder what business the EEOC has looking at this issue at all. The EEOC’s mission is to eliminate discrimination from the workplace. Certainly, there is no claim that neutral data points intentionally or invidiously discriminate based on protected classes.

Wednesday, October 19, 2016

EEOC reiterates its enforcement priorities for the next four years

Earlier this week, the EEOC announced its updated Strategic Enforcement Plan for 2017 – 2021. So, what issues must employers have on their radar? From the EEOC’s press release:

Wednesday, October 5, 2016

Don’t ignore unpaid leaves as a reasonable accommodation

Two recent EEOC lawsuits (here and here) illustrate the risk employers continue to take when they deny unpaid leaves of absence to employees as a reasonable accommodation under the ADA.

Wednesday, September 28, 2016

The most expensive bottle of orange juice ever

Today, I bring you a first for the blog. A magic trick. Read along as the EEOC transforms a $1.69 bottle of OJ into $277,565.

I’ll let the EEOC explain it’s own magic:

Tuesday, September 27, 2016

Can you require flu shots for your employees?

As the calendar winds its way into autumn, and as the temperature starts to trend downward, we move into flu season. Which is why should pay special attention to this story from Employment Law 360:

Tuesday, August 30, 2016

What employers can learn from EEOC's new Enforcement Guidance on Retaliation

Yesterday, the EEOC published its final Enforcement Guidance on Retaliation and Related Issues. It’s the agency’s first formal guidance on this issue since 1998, and was long overdue. After all, according to EEOC Chair Jenny R. Yang, “Retaliation is asserted in nearly 45 percent of all charges we receive and is the most frequently alleged basis of discrimination.” She adds, “The examples and promising practices included in the guidance are aimed at assisting all employers reduce the likelihood of retaliation.”

Wednesday, July 27, 2016

EEOC offers guidance for Youth@Work

Do you employee minors? If so, you should be aware of the wage-and-hour laws for child labor. The Department of Labor, however, isn’t the only federal agency taking a look at your under-18 employees. Recently, the EEOC launched an entire portal devoted to the issue.

The microsite, entitled Youth@Work, is the agency’s education and outreach campaign to promote equal employment opportunity for teenage workers.

Tuesday, July 12, 2016

Paternalism vs. pregnancy discrimination

Paternalism and pregnant workers do not mix. Case in point? According to this EEOC press release, the agency has sued a North Carolina retail-furniture franchise for pregnancy discrimination.

Wednesday, June 22, 2016

EEOC pushes NLRB to find common ground on workplace harassment

It’s no secret that I’m not a fan of the NLRB’s expanded coverage of protected concerted activity. One area over which I’ve been particularly critical is the NLRB’s position on the confidentiality of workplace investigations and workplace civility policies.

Now, the EEOC has also taken up the challenge.

Thursday, June 16, 2016

EEOC on pregnancy-related limitations and restrictions at work

It’s been nearly a year since the EEOC updated its administrative guidance on pregnancy discrimination to account for the Supreme Court’s holding in Young v. UPS regarding an employer’s obligations to accommodate its pregnant workers.

In case the EEOC’s guidance is too dense for you to digest, the agency has chosen to commemorate its participation in the White House United State of Women Summit with the publication of two new pregnancy-related resources.

Wednesday, June 8, 2016

Are ban-the-box laws actually causing more racial discrimination?

I read with great interest an article on, entitled, “Ban the box” might just replace one kind of discrimination with another. The article discusses two recent studies, one by The Brookings Institution and the other by the University of Chicago, both of which concluded that ban-the-box laws have the unintended consequence of causing more discrimination against minorities, not less:

Tuesday, June 7, 2016

What you need to know about EEOC’s proposed national-origin-discrimination guidance

I had a post prepared in my brain about the EEOC’s recently published proposed Enforcement Guidance on National Origin Discrimination. And then Robin Shea beat me to the punch. So, instead of recreating the wheel, I am instead directing you to her always excellent Employment & Labor Insider blog, where she shares 25 quick takes (no kidding!) on the EEOC’s proposed guidance.

Tuesday, May 17, 2016

EEOC’s final rules on employer wellness programs provides clear path for employers

Yesterday, the EEOC published its long-awaited rules that describe how the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act apply to wellness programs offered by employers that request health information from employees and their spouses. Both rules take effect July 18, 2017.