Category Archives: EEOC

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What Now for Wellness?

Wellness
If you’re an employer trying to sponsor a wellness program for 2019, then the recent kerfuffle between the AARP and the Equal Employment Opportunity Commission (EEOC) affects you. The AARP has challenged the EEOC’s wellness program regulations on the grounds that the EEOC’s permissible wellness incentive of up to 30 percent of the cost of … Continue reading this entry

Sixth Circuit Confirms Title VII Protection for Transgender Status and Rejects Religious Belief Defense

cost
Earlier this month, we discussed the Second Circuit Court of Appeals’ decision concluding that Title VII prohibits discrimination on the basis of sexual orientation. Days later, the Sixth Circuit Court of Appeals (covering Kentucky, Michigan, Ohio, and Tennessee) issued a significant Title VII decision of its own when it concluded that a funeral home’s discharge … Continue reading this entry

You Signed A Consent Decree. So Now What?

Consent
Any employer who has been on the receiving end of a lawsuit filed by the EEOC or a similar state agency is aware that a standard requirement of settling this type of case is entering into a “consent decree.” A consent decree is a public record (which the agency will publicize on its website) that … Continue reading this entry

EEOC Scores Victory in Sexual Orientation Discrimination Lawsuit

EEOC
In recent years, the Equal Employment Opportunity Commission (EEOC) has increasingly focused its enforcement initiatives on prohibiting sexual orientation discrimination in the workplace. Now, the agency has a concrete victory to show for its efforts. A federal district court in Pittsburgh recently awarded more than $55,000, representing the statutory maximum in compensatory and punitive damages, … Continue reading this entry

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

EEOC v. Freeman: Another Employer Victory in EEOC’s Enforcement Efforts Regarding Employer Use of Background Checks

Last summer, we wrote about the federal Fair Credit Reporting Act (“FCRA”) requirements in conjunction with the EEOC’s effort to sue employers who use background checks for job applicants and employees. Essentially, the EEOC alleges that an employer’s use of background checks can lead to a disparate impact among applicants and employees. Thus far, the … Continue reading this entry

The FCRA: A Battle on Two Fronts for Employers

As if employers were not already faced with enough headaches from employment-specific federal statutes, such as the Occupational Safety and Health Act or the Fair Labor Standards Act, they also have to consider the effect of other statutes, including the Fair Credit Reporting Act (“FCRA”).  The FCRA applies to any entity that uses “consumer report[s]” … Continue reading this entry