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Does a 100% Healed Policy Violate the ADA? What to Require of Employees Returning From Leave

Earlier this month, the U.S. District Court for the Northern District of Illinois denied a motion to dismiss a claim filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a class of individuals challenging...more

3/3/2014 - ADA Disability Disability Discrimination EEOC Employer Liability Issues

Should Employers Test Applicants’ Integrity? The EEOC Discusses “Integrity Testing”

Employers often associate a lack of integrity with counterproductive workplace behaviors, including theft and workplace violence. As a result, employers may be tempted to subject employees and applicants to so-called...more

12/4/2013 - ADA Civil Rights Act EEOC Hiring & Firing Job Applicants Title VII

Firing of Employee After His Angry Outburst During Mediation Did Not Constitute Retaliation

While the anti-retaliation provision of Title VII of the Civil Rights Act of 1964 does not prohibit all employer action after an employee has filed a discrimination charge or lawsuit, it precludes employers from taking an...more

8/12/2013 - Anti-Retaliation Provisions Civil Rights Act Discrimination EEOC Hiring & Firing Mediation Retaliation Title VII

Gender Stereotyping Based on a Person’s Non-Conforming Behavior Violates Title VII

As the U.S. Supreme Court has recognized, Title VII of the Civil Rights Act of 1964 is intended to “strike at the entire spectrum of disparate treatment of men and women resulting from sex stereotyping.” Recently, a federal...more

5/17/2013 - Discrimination EEOC Gender Discrimination Sexual Stereotyping Title VII

Vegan Employee May Proceed with Religious Discrimination Claim

A federal district court in Ohio has refused to dismiss a complaint for religious discrimination made by a hospital employee after the employee was fired for refusing to be vaccinated for the flu. The basis of the refusal to...more

1/17/2013 - Chenzira Discrimination EEOC Federal Rule 12(b)(6) Hiring & Firing Motion to Dismiss Reasonable Accommodation Religious Discrimination Termination Title VII Vaccinations Veganism

EEOC Suggests That Title VII and ADA May Apply to Employment Situations Involving Domestic Violence and Sexual Assault

Neither Title VII of the Civil Rights Act nor the Americans with Disabilities Act (ADA) specifically prohibits discrimination against individuals who may be victims of domestic or dating violence, sexual assault, or stalking....more

11/1/2012 - ADA Discrimination Domestic Violence EEOC Harassment Reasonable Accommodation Retaliation Sexual Assault Stalking Title VII

Employee’s Request to Move from Rotating Shift to Straight Shift not a “Reasonable Accommodation” under the ADA

The 8th U.S. Circuit Court of Appeals recently addressed an issue of concern frequently raised by employers: whether allowing an employee to move from rotating shifts to straight daytime work is a required “reasonable...more

9/25/2012 - ADA Alliant Energy Corporate Services Disability Discrimination EEOC Essential Functions Reasonable Accommodation

Federal Appeals Court Resists Categorizing “Sexual Stereotyping” Claim As Violation Of Title VII

Under Title VII, an unlawful employment practice is established when an employee demonstrates that gender is a motivating factor for an adverse employment action. Under that analysis, a number of federal appellate courts...more

8/20/2012 - Discrimination EEOC Gender Discrimination Sex Discrimination Sexual Stereotyping Title VII

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