Tag: Equal Employment Opportunity Commission (EEOC)

EEOC to update guidance on English-only policies?

by Amanda Shelby Chief among the Equal Employment Opportunity Commission’s (EEOC) current priorities are (1) eliminating barriers in recruitment and hiring and (2) protecting immigrant, migrant, and other vulnerable workers. It therefore should come as no surprise that the EEOC might be setting its sights on revising its guidance relating to English-only policies since those […]

Can I ask that question on a job application?

by Toni Everton An increasing number of unsuccessful job applicants are filing discrimination charges, and the Equal Employment Opportunity Commission (EEOC) and state enforcement agencies are taking a close look at job applications for evidence of unlawful bias. So the question is, what can you ask on a job application? This article doesn’t contain an […]

Criminal and background reports as evidence in EEOC class actions

by Steven Collis In its first class action lawsuit challenging an employer’s use of criminal records, the Equal Employment Opportunity Commission (EEOC) ended up dropping its case against PeopleMark and getting socked with $750,000 in sanctions. Recently, the EEOC suffered another stinging loss when a federal court dismissed its discrimination case against Kaplan Higher Education […]

EEOC’s use of ‘race raters’ against Kaplan University gets failing grade

by Judith E. Kramer On January 28, a federal court ruled in favor of Kaplan Higher Learning Education Corp. and Kaplan University in a lawsuit filed by the Equal Employment Opportunity Commission (EEOC). The EEOC had alleged that Kaplan’s use of credit history reports in making hiring decisions violated certain provisions of Title VII of […]

Recent EEOC settlements and enforcement actions

by Cynthia Ozger-Pascu  The Equal Employment Opportunity Commission (EEOC) is continuing its aggressive pursuit of sexual harassment and discrimination claims through systemic enforcement actions. EEOC settles long-standing sexual harassment suit On January 9, the EEOC announced a $2.5 million settlement with Burger King Corporation regarding sexual harassment allegations on behalf of 89 female employees. The […]

EEOC has a banner year

by Edward Sisson The Equal Employment Opportunity Commission (EEOC) was very busy in fiscal year (FY) 2012. The agency reported that it finished the year with record-high monetary recoveries for victims of discrimination. Historic monetary recoveries The EEOC issued its first Performance and Accountability Report compiled under the standards of its new Strategic Plan, which […]

Long-term unemployment seen holding back jobseekers

No law specifically says employers are prohibited from discriminating against job applicants who have been out of work for months or even years. The long-term unemployed don’t have protections spelled out in any antidiscrimination laws – or do they? When jobseekers are part of a protected class that has a disproportionate number of people unemployed, […]

Reassignment as a reasonable accommodation under the ADA

by Burton J. Fishman Of the many contentious accommodation issues under the Americans with Disabilities Act (ADA), perhaps the most hotly debated is whether reassignment to a vacant position is a reasonable accommodation. Although the ADA lists “reassignment” as a possible accommodation and the Equal Employment Opportunity Commission (EEOC) supports that position, many courts have […]

Faithfully expecting: religious accommodations and employer-mandated vaccination policies

An “informal discussion letter” from the Equal Employment Opportunity Commission (EEOC) indicates that employers should carefully weigh religious objections by pregnant employees, specifically in the context of employer-mandated vaccination policies. Background In February 2012, a healthcare provider wrote the EEOC requesting a formal interpretation of the application of Title VII of the Civil Rights Act […]