- Allow the EEOC process to proceed; or
- Inform your employees of the nature of the charge, the EEOC investigation, that the EEOC may contact them, and that their participation would be 100 percent voluntary?
Monday, August 28, 2017
Letter to employees during EEOC investigation may violate discrimination laws
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, June 21, 2017
6th Circuit grants EEOC broad subpoena powers
The Witch: I’m not a witch! I’m not a witch!
Sir Bedevere: But you are dressed as one
The Witch: *They* dressed me up like this!
Crowd: We didn’t! We didn’t…
The Witch: And this isn’t my nose. It’s a false one.
Sir Bedevere: [lifts up her false nose] Well?
Peasant 1: Well, we did do the nose.
Sir Bedevere: The nose?
Peasant 1: And the hat, but she is a witch!
Crowd: Yeah! Burn her! Burn her!
– Monty Python and the Holy Grail (1975)How wide of a net is the EEOC entitled to cast when issuing a subpoena for documents during an investigation? According to EEOC v. United Parcel Service, decided earlier this month by the 6th Circuit, the answer is a lot wider than you’d like.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, February 13, 2017
Will new EEOC Chair usher in sweeping changes?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Monday, October 31, 2016
Feds publish a Halloween trick for employers
Have you seen Worker.gov? 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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
http://dilbert.com/strip/2015-10-21 |
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, September 28, 2016
The most expensive bottle of orange juice ever
I’ll let the EEOC explain it’s own magic:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Tuesday, September 27, 2016
Can you require flu shots for your employees?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
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.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.
Wednesday, June 8, 2016
Are ban-the-box laws actually causing more racial discrimination?
I read with great interest an article on vox.com, 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:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
Do you like what you read? Receive updates two different ways:
Subscribe to the feed or register for free email updates.