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An employer will pay almost $5 million to settle claims it automatically fired employees who used 12 weeks of medical leave and were not ready to return to work, the U.S. Equal Employment Opportunity Commission announced Nov. 9. The settlement resolves claims EEOC filed alleging that the automatic termination policy violated the reasonable accommodation provisions […]
Workers who experience domestic violence, sexual assault or stalking may be protected from discrimination by Title VII of the Civil Rights Act and the Americans with Disabilities Act, according to new guidance from the federal government. The U.S. Equal Employment Opportunity Commission, which is responsible for enforcing both of those laws, made the announcement in […]
It’s almost an understatement to call misclassification of employees as independent contractors a hot topic. It’s certainly the subject of a growing list of court cases, government agency investigations, and legislative initiatives. Various agencies at both the state and federal level have been in crackdown mode for a few years now, and it’s no wonder: […]
A coal mine in Birmingham, Ala. will pay $40,000 to settle allegations it failed to reassign a worker with a disability, in violation of the Americans with Disabilities Act. Rocky Davis had hearing loss and was regularly assigned to an area of the mine that adversely affected his hearing aids, according to the U.S. Equal […]
by Amanda Jones Title VII of the Civil Rights Act of 1964 mandates that after the Equal Employment Opportunity Commission (EEOC) has investigated a charge of discrimination and determined there’s reasonable cause to believe the claim is true, it must try to negotiate a settlement with the employer through a conciliation process before filing a […]
Employers generally go to great lengths to retain valued employees. They know the benefits of keeping good, experienced people and avoiding the costs of recruiting and training new hires. Sometimes, though, the words “I quit” are music to an employer’s ears. A problem employee out the door seems like a problem solved. But is it? […]
You may think that the federal, state and local courts move at a glacial pace, but they often deliberate and resist change of opinion on employment law matters because, well, the modern workplace is a living, breathing, complex organism. Telecommuting is one such complexity, as are the multitude of situations that employers need to consider […]
by Nancy Williams Just as private-sector workers are required to file an administrative charge of discrimination before filing a lawsuit under Title VII of the Civil Rights Act of 1964, federal employees also have prefiling requirements. In a disability discrimination case against the Equal Employment Opportunity Commission (EEOC), the 9th Circuit recently decided that the […]
Weiss is director of Seyfarth Shaw at Work, a legal compliance training company associated with the Seyfarth Shaw law firm. He says that courts (and opposing attorneys) will explore such things as the content of the training course, how much money is spent on training, and the trainer’s background and competency. His remarks originally appeared […]
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 […]