Tag: EEOC

‘Unique Interactive Process’ for ADA Key to Appeasing EEOC

EEOC is coming after anyone not using a unique interactive process, says attorney Stacie Caraway. They want to see one-on-one engagement. Caraway, of counsel with Miller & Martin in Chattanooga, Tennessee, joined Dinita James, partner with Ford & Harrison in Phoeniz, Arizona, and moderator Charles Plumb, a partner with McAfee and Taft in Tulsa, Oklahoma, […]

Could Layoffs Equal a Class Action?

This should come as no shock, but people don’t like to get fired. And when they do get fired, they look for someone else to blame. Guess who? “You fired me because I’m X (fill in the blank with the name of a protected class).”

EEOC Taking Close Look at Hiring Decisions

Someone applies for a job and doesn’t get it. End of story? Not necessarily. More than 6,300 unsuccessful job applicants have complained to the Equal Employment Opportunity Commission (EEOC) so far this fiscal year, claiming illegal discrimination kept them out of a job. Bass Pro, Weight Watchers in EEOC’s Sights The EEOC is focusing on […]

Employers Warned to Include GINA Disclosure on FMLA Forms (video)

Employers have some new language to include on certain Family and Medical Leave Act (FMLA) forms because of the Genetic Information Nondisclosure Act (GINA), according to employment law attorney Stacie L. Caraway, who led an FMLA session at the October Advanced Employment Issues Symposium in Nashville, Tennessee. Caraway says a one-paragraph statement is available on […]

What Employers Should Expect from a Ramped-Up EEOC

The Equal Employment Opportunity Commission (EEOC) is trying to buck a trend. While government budget cuts have become the norm, the EEOC is requesting for fiscal year 2012 an $18 million increase from 2011. The agency says it needs more money to restore enforcement and legal staff positions, modernize technology, and expand training, among other […]

Employer wins discrimination case — Evidence of non-performance outweighs employer’s imprudent remark

A recent appeals court ruling shows that clear and consistent documentation of an employee’s poor performance is more important than certain imprudent things a supervisor may say to an employee. Robert Dickerson, an individual with a mental disability, worked as a part-time custodian for an Illinois community college. He was recorded several times losing employer property and […]

Firing an Employee: Why You Should Never Act Alone

In yesterday’s CED, Hunter Lott of Please Sue Me fame offered his lawsuit avoidance tips. Today, his advice on legal exposure in 2011, plus an introduction to an upcoming event you won’t want to miss. First, specialized input. As we mentioned in yesterday’s CED, specialized members of the management team, like the HR manager, are in a […]

Could “Unemployed” Be the Next Protected Characteristic?

In a market in which the number of people looking for jobs wildly exceeds the number of jobs available, some employers have opted to narrow the field of applicants by eliminating unemployed workers from consideration. While some employers restrict the field to individuals who are currently employed, others allow candidates who are “recently unemployed” to […]

EEOC Promotes Hiring Recently Released Prisoners

On June 21, Equal Employment Opportunity Commission (EEOC) Chair Jacqueline Berrien participated with Secretary of Labor Hilda Solis and Attorney General Eric Holder in a roundtable discussion of employment strategies for getting individuals with criminal records, including recently released prisoners, back to work. Employers, service providers, academics, policy advocates, and former prisoners also participated. The […]