Employee Rights Equal Employment Opportunity Commission

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
News & Analysis as of

Direct Optical to Pay $53,000 to Settle Disability Discrimination Suit

Farmington Hills Optical Store Fired Employee Because of Request for Service Dog, Federal Agency Charged - DETROIT - Direct Optical, Inc., an optical store in Farmington Hills, Mich., will pay $53,000 and furnish other...more

“Why I Oughta …” Leave Retaliation to the Stooges and Avoid Liability

Retaliation was a linchpin of the slap stick comedy of The Three Stooges. A retaliatory poke in the eye, a tit-for-tat clout to the top of the head, or a responsive jab to the gut — all animated by some well-coordinated but...more

Did You Know...New Informal Guidance From EEOC & FTC Re Background Checks

As we recently reported at our annual employment law update, additional restrictions are being placed on the use of background checks in light of the potential for disparate impact and invasion of the right to privacy....more

2013 Employment Law Growing Pains

Every year there are developments in employment law that challenge accepted norms of practice and require creative workable solutions. In particular 2013 had several areas that caused some of these “growing pains,” including...more

Employment Law - Feb 20, 2014

EEOC Stats on Enforcement and Litigation, Plus BOL Reports on Union Numbers - Why it matters: What was the most common type of discrimination charge filed with the Equal Employment Opportunity Commission in fiscal year...more

EEOC Sues CVS to Preserve Employee Access to the Legal System

Federal Agency Takes Action to Ensure That Employees Retain the Right to File Discrimination Charges and Communicate With the EEOC - CHICAGO - CVS, the nation's largest integrated provider of prescriptions and...more

Broken Bones

Cases under the ADA Amendment Act are finally reaching the courts of appeals. In what might be the first case to reach the appellate level on an issue other than whether the statute applied retroactively, the 4th Circuit has...more

Annual Report on EEOC Developments - Fiscal Year 2013

In this Report: - Introduction - Reflections On Fifty Years Of Title Vii Of The Civil Rights Act Of 1964 And Unsettled Issues Involving Systemic Claims And Class-Based Litigation By The EEOC - Overview...more

EEOC’S Charlotte District Office and Mexican Consulate Sign Historic Outreach Agreement

Agreement Establishes Ongoing Collaborative Relationship Between the Two Entities - RALEIGH, N.C. -- The Charlotte District Office of the U.S. Equal Employment Opportunity Commission (EEOC) entered into a Memorandum of...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm...more

ENDA Prevails in the Senate, but Will it End in the House?

On November 7, 2013, the U.S. Senate passed the Employment Non-Discrimination Act (“ENDA”), legislation that would prohibit workplace discrimination based on sexual orientation or gender identity. The ban would join similar...more

Employment Law Reporter – November 2013

If, like many employers, you have required that your employees sign agreements to arbitrate employment disputes, you probably also specifically assure the employees that by agreeing to arbitrate all claims against the...more

EMPLOYMENT LAW UPDATE: Tenth Circuit to employees: Onus on you to speak up about religious accommodation

On October 2nd, the U.S. Tenth Circuit Court of Appeals issued a decision that put employees on notice that the Tenth Circuit expects employees to speak up for their rights regarding religious accommodation. The...more

Employment Law -- Sep 27, 2013

California Minimum Wage Reaches New High - California employers should brace themselves to shell out higher wages with the state set to raise the minimum wage to $10 per hour by 2016. Currently, the state...more

Avoiding Retaliation Claims from Employees

Employers and HR professionals are often unsure of how to handle relations with employees who have filed complaints against them for violations of discrimination and other employment laws. And some employees take the...more

Accommodating religious beliefs in the workplace: What are the limits?

Sikiru Adeyeye requested approximately four weeks of leave from work to participate in his father’s funeral ceremony in Nigeria. In his request, Adeyeye explained that he had to attend the “funeral rite” and that it was “very...more

FMLA Leave or ADA Accommodation (Or Both)? Overview of Beyond the Basics

After more than 20 years under the ADA and FMLA, and 18 years since the passage of the Oregon Family Leave Act (“OFLA”), most employers are familiar with the basics of these laws. Many employee leave situations can be handled...more

U.S. Supreme Court Issues Two Favorable Rulings for Employers

Employers received two big wins in the U.S. Supreme Court last week. In two rulings, decided on June 24, 2013, both of which were 5-4 decisions, the U.S. Supreme Court adopted standards that will assist employers defending...more

Recent Supreme Court Cases Raise Bar for Plaintiffs Under Title VII

Two cases decided by the U.S. Supreme Court at the end of its 2012-13 term, University of Texas Southwestern Medical Center v. Nassar and Vance v. Ball State University, will significantly alter the landscape of employment...more

EEOC Begins Enforcing 2012 Criminal Background Check Guidance

EEOC Sues Two Employers for Race Discrimination for Using Criminal Background Checks to Exclude Applicants Without Also Making “Individualized Assessment” of Other Factors - In April 2012, the Equal Employment...more

Smurfit-Stone Container Corporation Sued by EEOC for Disability Discrimination

Company Now Known as RockTenn CP, LLC Fired Employee Because of His Disability, Federal Agency Charges - FLORENCE, S.C. - RockTenn CP, LLC formerly known as Smurfit-Stone Container Corporation, discriminated against an...more

Bertolini Corporation Sued by EEOC for Retaliation

Chairmaker Fired Two Employees for Complaining About Perceived Racial Preferences, Federal Agency Charged - COLUMBIA, Tenn. - Bertolini Corporation, a manufacturer of stackable chairs located in Lawrenceburg, Tenn.,...more

EEOC Updates Informal Guidance for Employers in Handling Cancer, Diabetes, Epilepsy and Intellectual Disabilities Under the...

On May 15, 2013, the Equal Employment Opportunity Commission (EEOC) issued updates to four informal "Question and Answer" guidance documents relating to protections against disability discrimination under the Americans with...more

Bojangles’ Franchise Sued by EEOC For Religious Discrimination

Charlotte Restaurant Fired Muslim for Not Cutting His Beard, Which His Religion Forbids, Federal Agency Charges - CHARLOTTE, N.C. - Bo-Cherry, Inc., a North Carolina corporation that operates several Bojangles'...more

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