Job Applicants Equal Employment Opportunity Commission

News & Analysis as of

EEOC Issues Proposed Rule on Wellness Programs and the ADA

The Equal Employment Opportunity Commission (EEOC) has released its long-awaited proposed rule providing guidance on the application of the Americans with Disabilities Act (ADA) to employer-sponsored wellness programs....more

EEOC Issues Long-Awaited Wellness Program Rules

Late last week, the EEOC released the proposed rules on wellness programs for employers. These long-awaited proposed rules will likely be adopted in full by this summer, after the public has 60 days to submit comments....more

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth...more

EEOC Not Required to Identify Aggrieved Individual in Title VII Race Discrimination Claim

On April 7, 2015, the U.S. District Court for the Northern District of Illinois held that the Equal Employment Opportunity Commission ("EEOC") is not required to identify an aggrieved individual in order to pursue a race...more

Think Twice Before Disqualifying an Applicant Due to Criminal History

When hiring new employees, many factors are considered. This may include conducting a criminal background check. And, if a background check comes back showing a criminal history, employers may be tempted to simply throw that...more

SCOTUS to Determine Who Holds Burden in Religious Accommodation Cases

A religious accommodation case that we previously touched on had its oral arguments heard before the Supreme Court on February 25, 2015. The case, which involves the issue of religious accommodation in the workplace, has the...more

Employers Running Background Checks: Top 10 Tips to Avoid Joining the Fair Credit Reporting Act Litigation “Club”

What do Whole Foods, Chuck E. Cheese, Michael’s Stores, Dollar General, Panera, Publix, and K-Mart have in common? Each of these companies has faced lawsuits (including class actions) under the Fair Credit Reporting Act...more

Baker Wellness Center Illegaly Fired Employee Because of Disability, EEOC Claims in Lawsuit

Company Openly Stated in Termination Letter That It Fired Employee Due to'Medical Problems' After Learning of Her Diabetes, Federal Agency Charges NEW ORLEANS -- Baker Wellness Center, Inc., a Baton Rouge, La., area adult day...more

Background Checks Headline in 2014

In 2014, background checks were a hot topic in state and local legislatures. Before this year, only 8 jurisdictions in the country had passed laws preventing private employers from asking job candidates about their criminal...more

Lawler Foods Refused to Hire Non-Hispanics EEOC Charges in Discrimination Suit

Bakery's Word-of-Mouth Hiring and Ads Stating a Preference for Spanish Speakers Also Discriminatory, Federal Agency Says - HOUSTON - Lawler Foods, Inc. and Lawler Foods, Ltd., a Houston-area production bakery, violated...more

Accommodation of Sincerely Held Religious Beliefs

Several years ago a young woman wearing a black hijab applied for a retail job at a national chain in a Tulsa mall. The retailer, which caters to the young and fashionable, has a strict dress code which prohibits, among other...more

2014 Employment and Labor Law Final Exam

It’s time once again to test your employment and labor law knowledge with Nexsen Pruet’s fourth annual final exam. From new legal decisions to black letter statutory law, it’s your chance to show off your legal prowess....more

Maxim Healthcare Services Will Pay $75,000 to Settle EEOC Disability Discrimination Suit

Staffing Agency Refused to Hire Qualified Applicant because He Is HIV-Positive, Federal Agency Said - PITTSBURGH -- Maxim Healthcare Services, Inc., a nationwide staffing service for nurses and other health care...more

Transgender Employees: The New Protected Category?

By now, most employers are familiar with the list of categories protected from employment discrimination under Title VII of the Civil Rights Act: race, color, religion, national origin and sex. Additional categories are...more

InterConnect - Counsel for the Road Ahead®

In this Issue: - Get Organized! With NLRB’s “Ambush Election Rules” Looming, Employers Must Be Proactive in Their Union-Free Message - What’s Cooking?: The FDA’s Proposed Regulations on Sanitary Food...more

Four New Laws Within 40 Miles: The Washington, DC Area Accelerates the "Ban-the-Box" Movement

The Washington, DC area has become the leading edge of the "ban-the-box" movement, with four new ban-the-box laws applicable to private employers enacted in the past six months. Baltimore, Maryland, started the trend when...more

Caught Between Laws: Challenges for Health Care Providers in Using Criminal History Information in Employment Decisions

In an effort to increase protection for vulnerable patient populations, the Affordable Care Act (ACA) creates incentives for states to strengthen the employment background check programs available to long-term care providers....more

Despite settlement, EEOC continues and expands discrimination investigation

At this point, employers have become all too familiar with the new, aggressive enforcement agenda of the Equal Employment Opportunity Commission. The agency’s systemic initiative to root out alleged discriminatory employment...more

EEOC Settles GINA Claim Against Employer That Solicited Family Medical Histories

The Equal Employment Opportunity Commission has made emerging issues in employment discrimination law one of its national enforcement priorities. Last week, the EEOC settled a lawsuit brought against a California seed and...more

Amsted Rail’s Hiring Practices Violate Disability Discrimination Law, EEOC Charges in Lawsuit

Medical Clearance Process Derails Applicants' Hopes for Employment, Federal Agency Says - ST. LOUIS -- Amsted Industries, Inc. and Amsted Rail Co. Inc., a leader in the manufacture of steel castings for the rail...more

11th Circuit: The EEOC Can't Always Get What It Wants

The Eleventh Circuit Court of Appeals recently shouted down the EEOC's broad subpoena powers when it held that the Commission wasn't entitled to hiring and firing information relating to Royal Caribbean's workers and job...more

Asking about religion accommodations

An employer’s obligation to raise the issue of potential accommodations for religious discrimination under Title VII will soon receive clarification, as the U.S. Supreme Court is set to hear E.E.O.C. v. Abercrombie & Fitch...more

EEOC Focuses Resources on Pregnancy Refusal to Hire Claims

Earlier this year, the Equal Employment Opportunity Commission issued a new Pregnancy Discrimination Enforcement Guidance, setting forth the agency’s position with regard to litigation against employers accused of...more

Seed and Fertilizer Providers to Pay $187,500 for Genetic Information and Disability Discrimination

Class of Job Applicants Was Subjected to Illegal Medical Exams and Family Medical History Inquiries, EEOC Charged - SAN DIEGO, Calif. - Three Southern California seed and fertilizer providers - All Star Seed, Inc., La...more

EEOC Sues Saginaw Restaurant for Pregnancy Discrimination

Crooked Creek Bar & Grille Refused to Hire Applicant Because She Was Expecting, Federal Agency Charges - DETROIT - Crooked Creek Investment Company, doing business as Crooked Creek & Creekside Bar & Grille in Saginaw,...more

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