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The increasing need for employees to care for an older relative or friend should prompt an expansion of federal legal protections against workplace discrimination, according to a recent report by the AARP Public Policy Institute. In what the AARP report authors dub as the “new normal,” Protecting Family Caregivers from Employment Discrimination says discrimination in […]
The Equal Employment Opportunity Commission (EEOC) has released a draft of its Strategic Enforcement Plan (SEP) that spells out priorities such as stepped-up efforts against hiring discrimination and harassment, new protections for various vulnerable workers, preserving access to the legal system, and dealing with emerging issues like changes brought by the ADA Amendments Act. Recruitment […]
Branches of the federal government have taken divergent actions affecting same-sex partners. A federal district court upheld a state law defining marriage as occurring between a man and a woman; meanwhile, the U.S. Office of Personnel Management has issued final and proposed regulations to expand federal employees’ benefits coverage to their same-sex partners and those […]
To bring a discrimination claim, a trainee with a disability needs only show that she was qualified to participate in the job training; she doesn’t need to prove that she was qualified for prospective job, the 6th U.S. Circuit Court of appeals ruled Aug. 8. The case, Rosebrough v. Buckeye Valley High School, involved Tammy […]
Allowing an employee to sit for half of her shift, thereby eliminating several job duties, is “per se” unreasonable, the U.S. District Court for the Northern District of Georgia has found. The case, EEOC v. Eckerd Corp. (d/b/a Rite Aid) (No. 1:10-CV-2816-JEC (N.D. Ga., July 9, 2012)), involved Fern Strickland, a drugstore cashier with osteoarthritis […]
Government audits, participant lawsuits and the dreaded play-or-pay rule could heap liability and risk on employer plans, all as a result of the reform law that was just affirmed by a majority of the U.S. Supreme Court. Employers must take into account new liabilities when they move workers to part-time status or divert retirees into […]
The Americans with Disabilities Act prohibits employers from discriminating against people with disabilities or even asking questions that could influence an employment decision. Employers can avoid legal problems by training managers on what they can and can’t ask during the hiring process. Before making a conditional offer of employment, an employer may not ask any […]
The U.S. Equal Employment Opportunity Commission is suing a Killeen, Texas branch of the fast food franchise Wendy’s for turning down a job applicant because he is hearing-impaired. The EEOC charges in its suit that the restaurant’s general manager refused to hire Michael Harrison, Jr. for a cooker position, despite his qualifications and experience, upon learning that […]
Lawmakers have introduced a bill that would lower the burden of proof for employees bringing disability and age discrimination claims. If passed, the Protecting Older Workers Against Discrimination Act (S. 2189) would change the laws’ “but for” standard to one allowing “mixed motives.” Both the Americans With Disabilities Act and the Age Discrimination in Employment Act […]
A worker with bipolar disorder was awarded more than $56,000 after a federal district court found that his employer fired him because of his disability, in violation of the Americans With Disabilities Act (ADA). The case is one of the first bipolar disorder suits the U.S. Equal Employment Opportunity Commission (EEOC) has brought to trial. […]