Category Archives: EEOC

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Seventh Circuit Puts the Brakes on Never-ending Leave Under the ADA

ADA
Employers everywhere have been repeatedly warned not to automatically terminate employees who have exhausted their Family and Medical Leave Act (FMLA) leave. Instead, employers should first consider whether the employee might be entitled to some additional leave time as a reasonable accommodation under the Americans with Disabilities Act (ADA).  But the key question for employers … Continue reading this entry

Keep Identifying Information out of Job Applications and Advertisements

Job
Certain job advertisements have drawn media scrutiny in recent weeks, including dozens of postings seeking applicants with a “neutral” accent for language teaching, sales, and IT support jobs. Another trend, in the opposite direction, is that some advertisements are specifically directed at foreign workers with H-1B visas, as one headline said “Java Developer – (H-1B … Continue reading this entry

Predictions And Practical Tips From EEOC Leadership

EEOC
Some of our attorneys attended an update meeting with the Equal Employment Opportunity Commission’s (EEOC) Miami leadership on June 16, 2017. Mike Farrell is the EEOC Miami District Director, and Bob Weisberg is the EEOC Regional Attorney who heads up litigation for the District.  Both spoke about recent trends that will be of interest to … Continue reading this entry

The EEOC Is Taking a Close Look at the Challenges Facing the ADEA

EEOC
The Equal Employment Opportunity Commission (EEOC) is paying close attention to the issue of age discrimination and to the many challenges facing the Age Discrimination in Employment Act (ADEA) 50 years after its enactment. On June 14, 2017, the EEOC launched its commemoration of the ADEA’s 50th Anniversary during its Commission meeting in Washington D.C. … Continue reading this entry

EEOC Orientation-Bias Guidance Stirs Controversy among Commentators

EEOC
The public comment period for the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed workplace harassment guidance closed last week. The EEOC’s broad definition of sexual orientation bias drew attention from practitioners and advocacy groups alike. Amidst the uncertain legal landscape surrounding harassment based on sex, the EEOC’s proposed guidance takes a progressive stance on the … Continue reading this entry

So – Are LGBTQ Rights Protected Under Federal Employment Law or Not?

LGBTQ
The most accurate answer to this question is, “it depends.” On March 10, 2017, the Eleventh Circuit Court of Appeals (covering Alabama, Georgia, and Florida) weighed in on LGBTQ protections – but the decision is not as clear as some of the headlines make it seem. For instance, some reports proclaimed that the court ruled … Continue reading this entry

Federal Court Shoots Down EEOC Subpoena

EEOC Developments
Employers facing Equal Employment Opportunity Commission (EEOC) charge investigations may find themselves on the receiving end of overly broad, unduly burdensome and/or irrelevant information requests from the EEOC. If an employer refuses to comply with the requests, the EEOC has the authority to issue a subpoena.  However, the agency’s subpoena power is not without limitations. … Continue reading this entry