Tag: Equal Employment Opportunity Commission (EEOC)

Is There Harm In Asking? Questioning Employees About Their Plans to Retire

Retirement decisions cannot be divorced from a person’s age. When asking questions about retirement, employers should be cognizant of age discrimination laws and the implications of making such inquiries.  Applicable laws Age discrimination is governed by both federal law and the laws in most states. The federal Age Discrimination in Employment Act (ADEA) applies to […]

Print

DOJ Reverses Course on Title VII Protections for Transgender Persons

  On October 4, 2017, U.S. Attorney General Jeff Sessions issued a memorandum announcing the U.S. Justice Department’s (DOJ) new stance that transgender employees aren’t protected from discrimination under federal law. The announcement reflects a reversal from the Obama administration’s interpretation of the law and runs counter to federal court decisions and other federal agencies’ […]

Print

Language, inclusion, and diversity in the workplace

by Lauren E.M. Russell Employees’ use of a language other than English in the workplace presents many considerations in the employment law context. An individual’s language is tightly tied with race and national origin, which are protected categories under Title VII of the Civil Rights Act of 1964 and many states’ anti-discrimination laws. On the […]

Print

What EEOC’s recent lawsuit over parental leave means for employers

by Jessica A.H. Howell The Equal Employment Opportunity Commission (EEOC) is a federal agency that administers and enforces civil rights laws when individuals claim workplace discrimination. Recently, the EEOC filed suit against a cosmetics company for implementing and administering parental leave benefits in a discriminatory manner based on sex. The lawsuit is the first of […]

Print

Oklahoma jury awards transgender worker $1.165 million in bias suit

by Charlie Plumb The courts, the U.S. Department of Justice (DOJ), and the Equal Employment Opportunity Commission (EEOC) hold differing views on whether Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation or sexual identity. Nevertheless, on November 20, an Oklahoma City federal court jury awarded a transgender […]

Print

Deciphering the feds’ changing position on LGBT employment protections under Title VII

by Molly DiBianca In a memo issued on October 4, 2017, U.S. Attorney General Jeff Sessions formally declared that Title VII of the Civil Rights Act of 1964 does not prohibit discrimination based on transgender status. The memo directly conflicts with the position of the Equal Employment Opportunity Commission (EEOC), which has long argued that […]

Print

EEOC alleges medical exams and questionnaires violate ADA, GINA

by Courtney Bru The Americans with Disabilities Act (ADA) limits employers’ ability to make disability-related inquiries or subject employees to medical exams. You may not take those actions until after you’ve offered the applicant a job. Once a conditional offer of employment has been made, you may ask about medical conditions or require a medical […]

Print

Employers in limbo as government entities differ on meaning of laws

by Burton J. Fishman When the U.S. Supreme Court opened its new term on October 2, 2017, the legal world was knocked off its axis. In a rarely seen occurrence, the solicitor general, speaking on behalf of the United States, and the General Counsel of the National Labor Relations Board (NLRB) took opposing positions on […]

Print

Take this off your fall ‘to do’ list: EEO-1 delayed in part and suspended in part

by Brian Bouchard As you may have heard, we recently received some good news regarding the EEO-1 pay data collection that would have gone into effect in March 2018.  On August 29, acting chair of the Equal Employment Opportunity Commission (EEOC) Victoria Lipnic issued a statement indicating that the Office of Information and Regulatory Affairs […]

Print

Employers, beware: Facility issues may result in violations of Title VII

by Jacob M. Monty Many employers are aware of the serious problems that can arise if workers and supervisors engage in racially or sexually motivated taunts and speech. However, few employers realize that they may need to worry about the design and condition of their facilities. The facilities of a now-closed Sara Lee factory in […]

Print