Articles tagged 'EEOC'

HR News & Trends, Legal Issues

Is It Legal For the EEOC to Send 1,330 Emails to Your Employees?

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By Eric B. Meyer

Back in 2013, the U.S. Equal Employment Opportunity Commission began investigating Case New Holland, Inc. for age discrimination, or so a complaint that Case New Holland recently filed in federal court alleges.

So, how is this news?

Apparently, the EEOC sent 1,330 emails to Case New Holland email addresses trolling for potential class-action plaintiffs — or so the Case New Holland complaint alleges. And by sending those emails, the EEOC violated the Administrative Procedure Act, and the Fourth and Fifth Amendments of the United States Constitution — or so Case New Holland alleges.

Read more…

HR News & Trends, Legal Issues

EEOC Warns That a Duty to Accommodate May Extend After Childbirth

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By Eric B. Meyer

Seems one employer may not have received the memo. Now, the EEOC is taking aim.

Over the summer, the EEOC issued new guidance on accommodating pregnant employees. The Pregnancy Discrimination Act doesn’t require reasonable accommodation for pregnant employees. That is, unless you accommodate other employees who are not considered to have a disability under the Americans with Disabilities Act. In that case, you need to do the same for pregnant employees.

Got it? If not, Jeff Nowak has a good discussion here, focusing on light duty accommodations for pregnant employees. Read more…

HR Management, Legal Issues

4 Things You Did Today that Put Your Organization at Risk

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Employment practice lawsuits have shot up in the last decade, remaining the top dispute companies have to battle.

They’re costly, they’re tough to defend, and they can do a lot of damage to an organization’s reputation. It’s clear that HR leaders need to pay attention to the high risks that untended employee relations can create.

Without proper training and leadership from a capable human resource department, actions and decisions from management can put the entire organization at risk. Read more…

HR News & Trends, Recruiting and Staffing

New Washington D.C. Law Goes Well Beyond Ban the Box

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With over a year of debate and some last-minute amendments, the District of Columbia’s Council recently passed a ban-the-box law that includes its own unique list of considerations before an employer can withdraw an offer of employment based on criminal history.

The Council vote was 12-1; only Chairman Phil Mendelson voted against the bill.

In an interview, Mendelson said that he supports the “basic thrust” of the legislation but that late amendments were “troublesome,” giving ex-offenders greater rights in the hiring process than other citizens.

“This goes way beyond ‘ban the box’ and into telling businesses how to hire,” he said. “How much do we want to regulate how a business wants to hire somebody?” Read more…

HR News & Trends, Legal Issues

EEOC Files Its First Ever Transgender Discrimination Lawsuits

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By Eric B. Meyer

Bending iPhone6‘s? Derek Jeter’s last home game in Yankee pinstripes? Attorney General Eric Holder to resign?

Bah!

The U.S. Equal Employment Opportunity Commission was the one stealing the headlines yesterday — err, doing something that I decided to be most blogworthy. Read more…

HR News & Trends, Legal Issues

Congress Critical of EEOC’s Policy Towards Background Checks

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Congress is showing signs of life in the constant fight for employers to conduct reasonable background checks.

Representative Tim Walberg, R, Mich., chairman of the House Subcommittee on Workforce Protections, held the Equal Employment Opportunity Commission’s feet to the fire in a hearing on Sept. 17, 2014. The hearing focused on three recently introduced bills aimed to increase the accountability and transparency of the EEOC and to offer employers limited protections in the use of criminal history. Read more…

HR News & Trends, Legal Issues

Court Gives EEOC’s Attack on Basic Severance Agreements a Big Setback

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By Eric B. Meyer

Earlier this year, the Equal Employment Opportunity Commission filed a federal lawsuit against CVS in which it claimed that drug store chain “conditioned the receipt of severance benefits for certain employees on an overly broad severance agreement set forth in five pages of small print.”

Specifically, the EEOC took issue with several common provisions that you guys probably use in your severance agreements:

  • A general release;
  • A non-disparagement obligation; Read more…
Global HR

EEOC, Mexican Consulates Join to Provide Guidance, Training, Checks

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By Mel M. C. Cole

What started as a local effort has now become a national endeavor, as the U.S. Equal Employment Opportunity Commission and the Mexican Ministry of Foreign Affairs officially agree to join forces to create programs that will benefit both Mexican nationals working in the United States as well as their employers.

Late last month, Jacqueline Berrien, the Chair of the EEOC, and Eduardo Mora, the U.S. Ambassador to Mexico, signed a national Memorandum of Understanding, committed to strengthening outreach on workplace rights, as well as reducing violations under Title VII of the Civil Rights Act of 1964; the Pregnancy Discrimination Act; the Equal Pay Act of 1963; the Age Discrimination in Employment Act of 1967; Title I of the Americans with Disabilities Act of 1990; and the Genetic Information Non-discrimination Act of 2008. Read more…

Legal Issues, Talent Management

The Good, the Bad, and the Ugly: What You Should Know About Ban the Box

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Cue the Western music….

A lot of employers are nervous about a new villain riding into town called “Ban the Box.” It refers a movement that has been successfully convincing legislators to force employers to remove the box on job applications that asks applicants the question “Have you been convicted of crime?

There has been a real showdown between advocates and opponents of Ban the Box, oftentimes with employers caught in the middle.

So what are the pros and cons of Ban the Box, and how do organizations avoid having things turn ugly? Read more…

HR Management, Legal Issues

EEOC Is Now Taking on Fitness-For-Duty Medical Releases

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By Eric B. Meyer

Congratulations!

Your fitness-for-duty employee medical examinations are job-related or consistent with business necessity. So, they pass muster with under the Americans with Disabilities Act. But, what about the medical information you request from employees in connection with the exam?

Oh yeah, there’s that too…

So, might you be violating not only the ADA, but also the Genetic Information Non-Discrimination Act? Read more…