Tag: discrimination

Attendance Can Be an ‘Essential Function,’ Depending on Job

by Emily Hannah Bensinger The Third U.S. Circuit Court of Appeals recently ruled that an employer can lawfully base a termination decision on excessive absenteeism even when the absences are due to a disability covered by the Americans with Disabilities Act (ADA). For the decision to withstand an ADA claim, regular attendance must be an […]

Bahama Breeze Pays $1.26 Million for Race Claim

On December14, 2009, the Equal Employment Opportunity Commission (EEOC) announced a class-action settlement with national restaurant chain Bahama Breeze for $1.26 million and significant remedial relief. The case originated with 37 black workers at the company’s Beachwood, Ohio, location who claimed they were repeatedly harassed because of their race. In the lawsuit, the EEOC charged […]

EEOC Discrimination Charges Set Records in 2009

According to an Equal Employment Opportunity Commission (EEOC) announcement yesterday, 93,277 workplace discrimination charges, the second highest level of charges ever filed with the agency, were filed in 2009. Additionally, the EEOC obtained over $376 million in monetary relief for discrimination victims in 2009. The EEOC received a record high number of private-sector charges alleging […]

USERRA: Do the Right Thing for the Right Reasons for Employees in the Military

As we celebrate Veterans Days this week and honor the men and women who have served the United States in military service, it’s a good time for employers to recognize their employees who are citizen-soldiers and are beginning to come home — as well as other employees who continue to join reserve units or the […]

EEOC Guidance on Waivers in Severance Agreements

by Susan W. Kline Recent economic conditions have caused a number of employers to reduce staff. In response to this trend, the Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), has […]

Can Employers Discriminate Against Younger Workers?

by Hillary J. Collyer Given the current economic slump, there is a particularly high rate of unemployment among younger workers. Accordingly, employers may be receiving an increased number of resumes or job applications from recent graduates who are still looking for their first job out of college. Also, in recent years there’s been a lot […]

Addressing Employees’ Religious Beliefs and Practices in the Workplace

by Brian R. Garrison Most employers know that federal and state civil rights laws prevent them from discriminating against employees on the basis of their religious beliefs and practices. But when you hear the phrase “reasonable accommodation,” you usually think of your duty under the Americans with Disabilities Act (ADA) to accommodate an employee with a […]

Breastfeeding Employee Entitled to Equal, Not Preferential, Treatment

The U.S. Fifth Circuit Court of Appeals in New Orleans recently addressed a case in which the employee alleged violations of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act (PDA). The dispute arose when the employee claimed she was given insufficient break time to express breast milk following the […]

Responding to Employees’ Personal Social Networking

Imagine that one of your employees has her own webpage. One day, you find out that she’s posted a satirical picture poking fun at the company on her site. Then you learn that another employee sounded off about his supervisor on his blog after he received a negative performance evaluation. Can you do anything about […]

Aging Workers Present Golden Opportunities

By Gary Jiles A wise employer recognizes that with age comes solid work experience. Thus, it is beneficial to both you and the employee to accommodate the needs of your aging employees. While an older workforce may trigger a few considerations, flexibility and additional training can ensure that your employees (and business) continue to prosper. […]