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The EEOC has been a busy bee this week. (It stings!)

The Equal Employment Opportunity Commission has been on a tear recently, suing employers right and left, and getting some “wins” including a couple of big settlements . . ....more

9/22/2014 - ADA Compliance Disability Disability Discrimination EEOC Employee Rights GINA Sexual Harassment

Off-Duty Domestic Violence — What’s An Employer To Do?

Sometimes your employee is the victim. If so, you may have someone who is distracted, scared, upset, or frequently absent because of physical injury or psychological trauma, or court appearances. She (or he – men can be...more

9/12/2014 - Corporate Counsel Domestic Violence EAP FMLA Popular

Employers, Don’t Commit These 5 Firing Faux Pas!

Do you think you have that employee termination all buttoned up, and no one will be able to challenge you? Defending that EEOC charge will be a slam dunk? No plaintiff’s lawyer in his right mind would represent your...more

9/5/2014 - EEOC Employee Rights Employer Liability Issues Hiring & Firing Termination

BREAKING: 6th Circuit Will Rehear Ford Telecommuting/Reasonable Accommodation Case

Law 360 reports this morning that the U.S. Court of Appeals for the Sixth Circuit has agreed to rehear the EEOC v. Ford Motor Co. case, which I reported on (and disagreed with) in April. The original decision, holding that...more

9/3/2014 - ADA Appeals EEOC Employer Liability Issues En Banc Review Ford Motor Popular Reasonable Accommodation Telecommuting

Is The EEOC Off The Rails With This New “Wellness” Lawsuit? Don’t Think So.

Last week, the Equal Employment Opportunity Commission filed suit against Wisconsin-based Orion Energy Systems, Inc., over its wellness program and its treatment of ex-employee Wendy Schobert, who was not a fan of the...more

8/29/2014 - EEOC Employee Benefits Healthcare Wellness Programs

Sexy ADA Issue: Bad Breakup May Not Justify Employer-Mandated Medical Exam

Rarely does one get a case that involves a cutting-edge Americans with Disabilities Act issue combined with wild, crazy, passionate, irrationally exuberant, tempestuous, adulterous romance. Well, folks, today is your lucky...more

8/22/2014 - ADA Appeals Corporate Counsel Employer Liability Issues Medical Examinations

Breaking: OFCCP Issues Directive On Gender-Identity Discrimination

The Office of Federal Contract Compliance Programs has issued a new directive on gender-identity discrimination, consistent with President Obama’s recent amendment to Executive Order 11246. ...more

8/20/2014 - Compliance Discrimination Employee Rights Executive Orders Federal Contractors Gender Identity OFCCP

Teleworker, Or Teleslacker? Here’s How Employers Can Tell The Difference.

Is the employee’s home worksite conducive to work? Does the employee have proper equipment, or does she have a Commodore 64 with dial-up modem, and a rotary phone? (If the latter, are you willing to provide her with a decent...more

8/15/2014 - Fraud Telecommuting

The “Dirty Dozen”: Top 12 employer harassment mistakes

According to statistics collected by the Equal Employment Opportunity Commission, harassment charges have stayed relatively stable over the past three years, and the number of “cause” determinations has actually declined....more

8/8/2014 - Anti-Harassment Policies Best Management Practices EEOC Employer Liability Issues Employment Policies Harassment Training

You can’t fix stupid: Employment law edition

Homo sapiens is fired for teaching about homophones (and his sister is a known thespian rumored to have dramaturgical aspirations). A teacher at a private language school in Utah says that he was fired by the director for...more

8/1/2014 - Discrimination Employer Liability Issues Racial Discrimination Retaliation

Sex Stereotyping, Sexual Orientation Discrimination, And Federal Law – Crazy-Mixed-Up Right Now

The Employment Non-Discrimination Act is dead again, so there isn’t a federal law prohibiting discrimination based on sexual orientation. Is there any federal law on same-sex harassment or discrimination? If so, what is it?...more

7/25/2014 - Discrimination Employer Liability Issues ENDA Harassment Hiring & Firing Sex Discrimination Sexual Orientation Discrimination Title VII

Obama’s LGBT Executive Order Raises More Questions Than It Answers

More than two years after expressly declining to do so, this past Monday, President Obama signed an Executive Order prohibiting federal contractors from discriminating against individuals on the basis of sexual orientation or...more

7/23/2014 - Barack Obama Discrimination DOL Employer Liability Issues Executive Orders Federal Contractors Federal Employees LGBT Sexual Orientation Discrimination

Obama Signs LGBT Discrimination, Affirmative Action Order

This morning President Obama signed an Executive Order amending the 1965 Executive Order 11246. President Obama’s EO prohibits discrimination and requires affirmative action by federal contractors based on sexual orientation...more

7/22/2014 - Discrimination Executive Orders Gender Identity Sexual Orientation Discrimination

An In-Depth Look At The EEOC’s New Enforcement Guidance On Pregnancy

This past Monday, July 14, a divided EEOC issued its new guidance, which supersedes the 1983 chapter on pregnancy discrimination in its Compliance Manual. It also issued a Q&A and a Fact Sheet. A lot has happened since 1983,...more

7/18/2014 - Compliance EEOC Employee Rights Enforcement Pregnancy Pregnancy Discrimination

EEOC Issues Guidance On Pregnancy Discrimination And Accommodation

I plan to write more about this later in the week, but today the EEOC issued an Enforcement Guidance, Q&A, and Fact Sheet on pregnancy discrimination and accommodation. Much of the Guidance reiterated the law as we had always...more

7/15/2014 - Discrimination EEOC Employer Liability Issues Enforcement Guidance Pregnancy Discrimination Reasonable Accommodation

Employment Law Believe It Or Not!

I thought only elephants had two-year pregnancies. As I’ve discussed here before, “pregnancy” for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine months of physical...more

7/11/2014 - Corporate Counsel Discrimination EEOC Employee Rights Employer Liability Issues Hiring & Firing Marijuana Pregnancy Discrimination Race Discrimination

And That’s All She Wrote (Why I write)

She gazed thoughtfully out the window. “That’s the problem. I don’t know,” she said. “So I guess I’ll have to keep blogging about employment law topics, with special emphasis on the Americans with Disabilities Act, sexual...more

7/8/2014 - Blogs Business Development Content Marketing Young Lawyers

Six Reasons Why Hobby Lobby Does Not Spell “Doom” For Women

I was interviewed yesterday by Colin O’Keefe of LXBN-TV on the impact of the Supreme Court’s Hobby Lobby decision, and I did a “quick and dirty” post on the decision the day it was issued. Since that time, the decision has...more

7/3/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Employer Mandates Hobby Lobby Media Religious Freedom Restoration Act SCOTUS Social Networks

BREAKING: Supreme Court 5-4 Finds in Favor of Hobby Lobby

Burwell v. Hobby Lobby: Regulations issued by the U.S. Department of Health and Human Services under the Affordable Care Act required that employers provide coverage for 20 contraceptive methods approved by the Food and Drug...more

6/30/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Contraceptives FDA HHS Hobby Lobby Popular SCOTUS

Same-sex marriage and the FMLA: What you need to know

As most of you have heard by now, the U.S. Department of Labor has provided a “sneak preview” of a Notice of Proposed Rulemaking on the definition of “spouse” in the Family and Medical Leave Act. The proposed changes would...more

6/27/2014 - DOL DOMA Employee Rights Employer Liability Issues FMLA Rulemaking Process Same-Sex Marriage US v Windsor

ADA interactive process: A quiz for employers

What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive...more

6/20/2014 - ADA Disability Employer Liability Issues Hiring & Firing Interactive Process Reasonable Accommodation

Beware Of Employees Who Are Too Eager To Please

Legend has it that King Henry II of England, angry at his former friend Archbishop Thomas á Becket, vented, “Will no one rid me of this meddlesome priest?” Next thing you know, four of his knights went over to the Cathedral...more

6/17/2014 - Best Management Practices Employer Liability Issues Hiring & Firing

Sex at work: test your knowledge!

The correct answer is “NO, because the relationship is consensual, so no ‘harassment’ is involved.” People are always surprised at this answer, but the courts generally take the position that favoritism based on a consensual...more

5/30/2014 - Employer Liability Issues Harassment Sexual Harassment

Guidance On Employer Incentives For Wellness Participation Is On The Way, Says EEOC

Hallelujah! The Equal Employment Opportunity Commission announced this week that it plans to issue guidance on employers’ ability to offer incentives to employees based on their participation in wellness programs, or whether...more

5/30/2014 - EEOC Employee Benefits Incentive Compensation Popular Wellness Programs

Stupid “discrimination” complaints: How should an employer handle?

A reader, who has asked to remain anonymous, suggested that I write about employees who make “stupid” complaints about discrimination, harassment, or other allegedly unlawful treatment. The following is a fictionalized...more

5/27/2014 - Discrimination Employer Liability Issues

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