Tag: equal employment opportunity commission

EEOC Promotes Gender Equality by Imposing Another Burden on Employers

Employers with 100 or more employees take note: a major new reporting requirement may be coming your way next year. On January 29, 2016, President Obama announced that beginning in September 2017, employers  with 100 or more employees must report the earnings and hours worked for all of their employees.  That’s right.  Employers must disclose … Continue Reading

Are Remedies Available to Working Moms Who Experience “Lactation Discrimination”?

For many new moms returning to work after the birth of a child, pumping breast-milk is considered to be a necessary evil.  Necessary because pumping ensures that these mothers’ babies can continue to experience the many benefits of breast-milk, and helps the mothers to maintain their milk supplies, relieves painful engorgement, and prevents potentially serious … Continue Reading

The EEOC Reiterates the Importance of the Interactive Process

A recent decision from the federal Equal Employment Opportunity Commission (EEOC) reminds employers of their affirmative duty to engage in an interactive process once an employee raises a medical condition and requests some change to their work environment to accommodate it. The Americans with Disabilities Act (ADA), and the Rehabilitation Act at issue in Harden v. Social … Continue Reading

Why Employers Should Exercise Restraint and Objectivity

Retaliation claims are increasing at an alarming pace. Not only have these claims tripled in number within the last two decades, they now exceed race discrimination as the leading claim filed with the U.S. Equal Employment Opportunity Commission.  Click here to see EEOC statistics. Why the startling trend? First, Congress has gone to great lengths to protect … Continue Reading

President Obama Uses Recess Appointments to Fill NLRB, EEOC Seats

This week President Obama announced that he would make recess appointments to fill vacancies on the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC).  The move allows the White House to bypass the Senate confirmation process, which promised to be extremely contentious.  The appointments will add two Democratic members to the … Continue Reading

EEOC Proposes New Age Discrimination Regulations

Today the Equal Employment Opportunity Commission (EEOC) releases new regulations that will define employers’ "reasonable factors other than age" or "RFOA" defense under the Age Discrimination in Employment Act (ADEA).  The new regulations would reflect two Supreme Court cases interpreting the RFOA defense: Smith v. City of Jackson (2005) and Meacham v. Knolls Atomic Power Laboratories (2008).  Click here to … Continue Reading

Supreme Court Lets Stand Ruling Allowing EEOC to Issue Subpoenas After Right-To-Sue

Yesterday the U.S. Supreme Court declined to review a Ninth Circuit Court of Appeals decision that allows the Equal Employment Opportunity Commission (EEOC) to continue investigating allegations of employment discrimination, and even to issue subpoenas to employers, after issuing a right-to-sue letter to the employee who filed the initial complaint.  Click here to read the Ninth Circuit decision in … Continue Reading

GINA Requires Employers to Post Notice, Review Policies and Procedures

The Genetic Information Nondiscrimination Act (GINA) takes effect November 21, 2009.  Is your workplace ready?  Employers will soon be required to post a notice stating that they do not discriminate on the basis of genetic information, under proposed regulations interpreting GINA. If you don’t already have one, click here to download the full "EEO is the Law" … Continue Reading

EEOC Updates H1N1 Guidance

The H1N1 virus (aka "swine flu") continues to spread.  Is your workplace prepared?  Are your policies and procedures legally compliant?  In order to help employers, the Equal Employment Opportunity Commission (EEOC) updated its guidance for employers titled "Pandemic Preparedness in the Workplace and the Americans with Disabilities Act."  (Click title to download). The EEOC guidance answers several common questions … Continue Reading

Another Circuit Court Agrees: ADA Amendments Act is Not Retroactive

Congress did not intend for the ADA Amendments Act (ADAAA) to be retroactive, the Court of Appeals for the District of Columbia ruled yesterday, and applied pre-ADAAA law to dismiss an employment discrimination claim.  Click here to read the court’s decision in Lytes v. DC Water and Sewer Authority.  Congress passed the ADAAA in 2008 and the new … Continue Reading

EEOC Issues Guidance on Severance Agreements and Waivers

Recognizing that severance agreements are becoming more and more prevailant in the down economy, the Equal Employment Opportunity Commission (EEOC) yesterday issued a new technical assistance document titled Understanding Waivers of Discrimination Claims in Employee Severance Agreements (click on the title to access the document).  The new document is intended to help both employers and employees navigate … Continue Reading

Major Budget Increases for Federal Labor and Employment Enforcment Agencies

The Obama Administration has released its fiscal year 2010 budget request.  Among the items are several increases for the federal agencies that oversee labor and employment matters.  Here are some highlights: $104.5 billion to the Department of Labor, an increase of 10 percent, to increase its staff and enforcement activity.  $283 million for the National Labor Relations … Continue Reading

EEOC Issues Swine Flu Guidance

The Equal Employment Opportunity Commission (EEOC) has issued two helpful resources for employers coping with the Swine Flu outbreak. First, the Commission has issued this technical assistance document on ADA-Compliant Employer Preparedness For the H1N1 Flu Virus.  It answers basic questions about workplace preparation strategies for the 2009 H1N1 flu virus (swine flu) that are compliant … Continue Reading

Age Discrimination Claims on the Rise

According to the Wall Street Journal, discrimination filings with the Equal Employment Opportunity Commission (EEOC) went up 15 percent in 2008 compared to 2007, and age discrimination suits in particular showed a dramatic 29 percent increase over the previous year.  Click here to read the WSJ Article.  The conventional wisdom is that discrimination claims go up … Continue Reading
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