Tag: discrimination

Employers, Beware of Looming “Pattern-or-Practice” Charges

By Diane Pietraszewski The vast majority of all equal employment opportunity lawsuits are filed by individual employees or job applicants. The Equal Employment Opportunity Commission (EEOC) may file cases on behalf of individuals, but it rarely does so because of limited resources. To get more “bang” for its litigation bucks, the EEOC is increasingly turning […]

March 15: Effective Date of ADA Standards for Accessible Design

The 2010 ADA Standards for Accessible Design are in effect officially as of March 15. These standards were adopted as part of the revised regulations for Title II and Title III of the Americans with Disabilities Act of 1990 (ADA) and will make buildings and facilities accessible to more than 54 million Americans with disabilities. […]

Similarly Situated Employees Doesn’t Mean Identical, Seventh Circuit Says

by Jeffrey S. Beck Most employers are aware that to meet the burden of establishing a discrimination claim under the indirect method (i.e., without “smoking gun” evidence of discriminatory intent), an employee must offer evidence that similarly situated individuals outside her protected class were treated more favorably. While that principle is well established, cases can […]

EEOC to Hold Feb. 15 Meeting on Pregnancy and Caregiver Issues

The U.S. Equal Employment Opportunity Commissionwill hold a public meeting to discuss pregnancy discrimination and caregiver issues  on Wednesday, Feb. 15, at 9:30 a.m. (Eastern Time) at agency headquarters, 131 M Street, N.E., Washington, D.C. In accordance with the Sunshine Act, the meeting is open for public observation of the Commission’s deliberations. At the meeting, […]

EEOC Nets More than $100 Million in FY 2011 For Plaintiffs Alleging Disability Discrimination

It pays to stay off the  Equal Employment Opportunity Commission’s enforcement radar. Employers paid more than $100 million in fiscal 2011 to resolve disability discrimination claims enforced by the civil rights agency, it’s annual annual statistical summary. Payouts to workers alleging violations of the Americans with Disabilities Act produced the highest increase in monetary relief […]

EEOC Reports Record Highs, Reductions in 2011

According to the annual Performance and Accountability Report released in November, the Equal Employment Opportunity Commission (EEOC) finished fiscal year 2011 with a 10 percent decrease in its pending-charge inventory, the first such reduction since 2002. At the same time, the agency achieved the highest-ever monetary amounts through administrative enforcement, and it received a record […]

Supreme Court Clamps Down on ‘Second Kicks at the Can’ in B.C. Human Rights Claims

By Clayton Jones and Derek Knoechel A growing frustration for Canadian employers is the need to defend against human rights claims arising out of the same factual circumstances in multiple forums. Discrimination claims that are presumptively dealt with by a labor arbitrator can resurface as virtually identical claims before a human rights tribunal. While most […]

Supreme Court Decides Legal Costs in Canadian Human Rights Tribunal Case

By Hadiya Roderique The Supreme Court of Canada recently considered whether the Canadian Human Rights Tribunal has the authority to award legal costs to a successful complainant. As we noted in an earlier bulletin, this case could have major ramifications in human rights litigation across Canada. Complaint Donna Mowat brought a human rights complaint against […]

Stand by Me

Litigation Value:  Implementing an antinepotism policy = $800; medical bills for Dwight’s tumble from his secret standing stool = $1,000; applying your “buffalo wings passion” to all aspects of your life = priceless. Last night’s episode contained some interesting revelations about our friends at Dunder Mifflin Sabre.  Indeed, Creed may be part of a secret […]

Staffing Agency Forced to Pay $30K After Refusing to Provide Alternative Drug Testing Method to Disabled Applicant

An Irving, Texas-based staffing company will pay $30,000 and furnish other relief to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC sued G2 Secure Staff, LLC in September 2011, charging that the company unlawfully refused to accommodate a disabled applicant who needed an […]