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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 […]
In 2007, the Equal Employment Opportunity Commission (EEOC) sued on behalf of a class of female tractor-trailer drivers against a large interstate trucking firm. But judges in two federal courts have now virtually thrown the case out. What happened. CRST Van Expedited is the trucking firm, and one of its female trainees complained to EEOC […]
With Daniel Cafaro Montana has joined the obesity debate, determining in a recent case that being severely overweight, even with no underlying medical condition, can be a disability protected by state law. In BNSF Railway Co. v. Feit (No. OP 11-0463, 2012 MT 147 (Mont. July 6, 2012)), the state’s supreme court decided that obesity […]
Segal, a partner in the Philadelphia office of Duane Morris LLP offered his tips at the SHRM Annual Conference and Exhibition, held recently in Atlanta. Wage and Hour Prior to 1938 we had a manufacturing economy, Segal says. In 1938, the Fair Labor Standards Act (FLSA) was enacted. With the exception of minor interim adjustments, […]
By Heather Knox The Equal Employment Opportunity Commission (EEOC), the federal agency that interprets and enforces employment discrimination laws, recently considered whether Title VII of the Civil Rights Act of 1964 protects transgender employees from workplace discrimination. The case involved an employee who claimed she wasn’t hired by the Bureau of Alcohol, Tobacco, Firearms and […]
Summer’s here, and coincidentally, it’s a hot time for legal and regulatory developments affecting human resources and benefits professionals! Many companies trying to make ends meet also should expect new laws and regulations in these five areas. The perils of not heeding leave and disability law. Employers struggle with determining what a “reasonable accommodation” is under […]
By Jennifer Melton On January 11, 2012, Pepsi Beverages Company agreed to pay more than $3 million to resolve race discrimination claims filed in 2006 by more than 300 African American job applicants. The claims alleged that the company’s criminal background check policy (1) disproportionately excluded African Americans from employment with Pepsi and (2) violated […]
[Go here for Considerations 1 and 2.] Consideration #3—Employer Limited Supervisor’s Discretion This considers the extent to which the employer limited supervisors’ discretion to assess employees subjectively, particularly where the criteria that the supervisors were asked to evaluate are known to be subject to negative age-based stereotypes. EEOC recognizes that in many cases to it […]
EEOC released its Final Rule on Disparate Impact and “Reasonable Factors Other Than Age” Under the Age Discrimination in Employment Act of 1967 in March and it became effective April 30. EEOC also published an informative Q&A on which this article is based. ADEA and Disparate Impact ADEA prohibits two types of discrimination against workers […]
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 […]