Labor & Employment Civil Rights

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EEOC Signals Intent to Process and Litigate Claims of Sexual Orientation Discrimination Under Title VII

Signaling its intent to pursue its viewpoint that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation (including transgender identity), the Equal Employment Opportunity...more

Colorado Supreme Court Set To Decide Seminal Drug Testing Case

As reported by Joe Palazzolo of the Wall Street Journal (subscription required), Colorado’s Supreme Court recently heard arguments on whether an employer can lawfully terminate an employee for off-the-job use of medical...more

Gasp! VETS-4212 Final Rule Offers More Rules With Less Burden for Government Contractors

On September 25, 2014, the Department of Labor's Veterans' Employment and Training Service (VETS) agency published a Final Rule revising the reporting requirements under the Vietnam Era Veterans' Readjustment Assistance Act...more

Whistleblowers Now Have More Time to File Whistleblower Claims through NLRB

Under the whistleblower provisions of the Occupational Health and Safety Administration (OSHA), employees typically only have 30 days to file a complaint about employer retaliation. However, OSHA has now reached an agreement...more

Wait A Minute? Is Pregnancy a Disability Now?

On July 14, 2014, the Equal Employment Opportunity Commission issued guidance relating to pregnancy discrimination. Since that time, in federal courts around the country the EEOC has filed multiple lawsuits on behalf of...more

Hairdresser Pushes on to ADA Trial

A hairdresser in a nursing home had restrictions on pushing and lifting after a hysterectomy. Previously, plaintiff pushed wheelchair-bound residents to and from the beauty shop two days a week. When plaintiff notified the...more

"You Want More Time Off? "Dealing With Medical Leave Requests Under The FMLA And ADA

FMLA BASICS - - Applies to employers with over 50 employees within 75 miles - Applies to employees with at least 1,250 hours of service in last 12 months - Permits up to 12 weeks of total leave (job or equivalent...more

Blog: Director Of SEC Whistleblower Office To Staff: I Want To Pump You Up* To Find Whistleblower Retaliation Cases

According to Law360, the director of the SEC’s whistleblower office, Sean McKessy, is exhorting the staff of that office to set a high priority on cases involving employer retaliation for whistleblower complaints. During an...more

OFCCP Issues Two New “FAQs”

The OFCCP recently added two new “FAQs” to its website to help explain contractors’ obligations under new Section 503 and VEVRAA regulations. The first addresses the information contractors must maintain related to efforts to...more

EEOC Sues FedEx Ground for Failing to Accommodate Deaf Employees and Recruits

The EEOC recently announced that it is suing FedEx Ground Package System for allegedly violating the Americans With Disabilities Act in their dealings with deaf and hearing-impaired workers nationwide. The suit claims that...more

Back on the Case: Fifth Circuit Reexamines Detective's Race Suit

Title VII of the Civil Rights Act of 1964 requires that an individual show that he or she was subjected to an "adverse employment action" in order to proceed on a claim of discrimination. Courts have defined "adverse...more

Ebola: Legal Considerations for Health Care Employers

As the Centers for Disease Control and Prevention (CDC) reports that “the risk of an Ebola outbreak in the United States is very low,” it is promulgating new protocols to more precisely address safety issues in the health...more

EEOC Lawsuit Against CVS Pharmacy Challenging Severance Agreements Dismissed

On October 7, 2014, District Judge John Darrah of the North District of Illinois dismissed the Equal Employment Opportunity Commission’s lawsuit against CVS Pharmacy. Equal Employment Opportunity Commission v. CVS Pharmacy,...more

EEOC Lawsuits Shine a Spotlight on Wellness Programs

These days, many large employers have some form of wellness program, designed to help their employees address medical and lifestyle issues. Many employers reward employees who participate with discounts on insurance premiums...more

The Legalization of Medical Marijuana Could Have a Significant Impact on the Workplace

On July 5, 2014, Governor Cuomo signed the Compassionate Care Act, making New York the twenty-third state to legalize medical marijuana. This new law creates a medical marijuana program for individuals suffering from certain...more

Fourth Circuit Says Courts Retain Jurisdiction Over Retaliation Claim Linked to Untimely EEOC Discrimination Charge

In order to sue for employment discrimination under Title VII, plaintiffs must first file a charge of discrimination with the Equal Employment Opportunity Commission within a certain time period after the last alleged...more

Employment Law - Oct 2014 #2

EEOC Sues Over Transgender Discrimination - Why it matters: In its first cases alleging bias against transgender employees, the Equal Employment Opportunity Commission has filed suit against a Florida eye clinic and a...more

Trick or Treat: Can Employers Face Liability for Celebrating Halloween in the Workplace?

Halloween celebrations in the workplace can be a treat for employees but the trick is in the employer’s execution. Costumes present a particularly tricky issue because well-intentioned “creativity” can quickly deteriorate...more

Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits

The Eighth Circuit recently concluded that an employer may violate the ADEA by terminating an older employee in order to reduce its health care premiums. Tramp v. Associated Underwriters, Inc., 2014 WL 4977396 (8th Cir....more

EEOC, IIT Chicago-Kent College of Law, and EEO Committee of ABA Section on Labor and Employment Law to Host CRA 50th Anniversary...

Panel Will Explore Flight Attendants' Pivotal Role in Enforcement of Title VII Prohibition Against Sex Discrimination - CHICAGO -- The U.S. Equal Employment Opportunity Commission, IIT Chicago-Kent College of Law's...more

Is Firefighter's Fear of Fire an ADA Disability?

Although it might seem strange to suggest that a firefighter's fear of entering a burning building is a disability, that's exactly what a Texas jury decided. In the end, however, the Texas Supreme Court overturned the jury's...more

Ebola– What Employers Can or Should Do As the Threat Grows

Recent news of three confirmed cases of the Ebola Hemorrhagic Fever (Ebola) in the United States (Dallas, Texas) -- with one fatal case -- has caused citizens to question what will happen if the disease comes to their...more

And You Thought a One-Third Contingency Was High

On Tuesday a federal court in Illinois awarded fees of $200,000 to attorneys for a whistleblower in a False Claims Act action. Not impressed? Well, consider this: the whistleblower got a little less than $30,000. Figured...more

Seventh Circuit Reminds Attorneys to Conduct “Reasonable Amount of Legal Research” Before Filing Claims

Under the federal civil rights statutes, plaintiffs who prevail ordinarily receive an award of attorneys’ fees that must be paid by the defendant. But, in order not to deter plaintiffs from filing such claims, the reverse is...more

FINRA Again Cautions Against Confidentiality Provisions Silencing Whistleblowers

As reported this week by Law360 (subscription required), the Financial Industry Regulatory Authority (FINRA) recently issued a reminder (Regulatory Notice 14-40) warning firms against the use of confidentiality provisions in...more

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