Tag: EEOC

EEOC on the Lookout: Ensure Your Attendance Policies Are Legal

By Kelley E. Kaufman, Esq. These days, the Equal Employment Opportunity Commission (EEOC) is on the lookout for both inflexible leave of absence policies and no-fault attendance policies. While few employers welcome news of a targeted enforcement initiative, the best defense is a good offense. According to the EEOC, the Americans With Disabilities Act requires […]

Retaliation Claims: So Common, and So Stupid

Retaliation is now the leading basis for charges against employers, and it remains the stupidest of all charges. Stupid because most retaliation charges can be avoided if managers and supervisors just think before they act.

FWA Policy Makers Mostly Ignorant of Business Realities

Fortney is a co-founder of law firm Fortney & Scott, LLC in Washington, DC, and is editor of the Federal Employment Law Insider. He made his remarks about FWAs at SHRM’s Employment Law and Legislative Conference, held recently in the nation’s capitol. Well-Meaning, But Dangerous As an example of the problems with FWAs, says Fortney, […]

EEOC Guidance on Whether High-School-Diploma Requirement Violates ADA

The Equal Employment Opportunity Commission (EEOC) has published new guidance addressing whether an employer violates the Americans with Disabilities Act (ADA) by requiring a high-school diploma for a job. The guidance was issued in response to an informal discussion letter in which the agency stated that the requirement may violate the ADA if (1) it […]

Why You Need a Retaliation Prevention Policy

Employee retaliation claims are skyrocketing, and in 2011 these claims were the number one complaint to the EEOC. As a result, you need to know how to prevent retaliation claims from happening. At SHRM’s legislative conference in Washington, D.C. earlier this month, California employment attorney Jody Katz Pritikin, presented tips on how to prevent and […]

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 […]

This Decision May Not Make the Grade

By Jeanine Poole It may seem that requiring a high-school diploma for a job is a correct answer. However, a recent “informal discussion letter” from the Equal Employment Opportunity Commission (EEOC) indicates that you may need to do more studying before making that choice. Background In October 2011, the state of Tennessee wrote the EEOC, […]

At EEOC’s Request, 7th Circuit May Reconsider ‘Reassignment’ Case

A federal appellate court may reconsider its views on “reassignment” as a reasonable accommodation under the Americans With Disabilities Act, at the request of the Equal Employment Opportunity Commission. The EEOC takes the position that the ADA requires employers to reassign employees, whose disability prevents them from performing their current job, to a vacant position […]

Taxmageddon on the Horizon?

What’s Taxmageddon? Taxmageddon comes at the end of 2012, when the payroll tax and unemployment benefits extension ends and at the same time we’re likely to need another debt limit increase. If no action is taken, there will be dramatic cuts in spending that are built into the federal budget process, Aitken says. Aitken offered […]