Articles tagged 'EEOC'

HR Basics, HR Management

HR 101: To Background Check or NOT to Background Check

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When it comes to making hiring decisions, the more information you have about a candidate, the better.

More information makes it easier to decide if the candidate will work out, but could too much information be a bad thing?

Many companies conduct some type of background checks, but may wonder if it is legal to delve into an applicant’s personal information. How extensive should these inquiries be? And at what point in the hiring process should they be done? These are very important questions to ask before embarking on background checks. Read more…

HR News & Trends, Legal Issues

An Interactive Process Can Help Resolve ADA Accommodation Claims

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By Eric B. Meyer

So just how did an employer snatch victory from the jaws of defeat after botching a diabetic employee’s request to work a modified schedule?

Back in 2011, the EEOC announced that it had sued Kohl’s Department Stores for disability discrimination. The EEOC claimed that Kohl’s “refused to accommodate a diabetic employee’s request for a regular schedule and forced her to quit.”

Allegedly, when the employee told Kohl’s “that the scheduled hours could kill her, its store manager laughed and told her that she would not accommodate her.” So, the employee had no choice but to resign her employment to protect her health. Read more…

Benefits, Legal Issues

Biggest Loser Contests at Work? Only If They Pass Muster With the EEOC

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By Howard Mavity

We are again running a Biggest Loser Contest among our 31 offices and will award prizes, beginning at $1,000, to individuals who lose the most weight.

I do not watch reality shows and am generally cynical about such programs. However, I am happily eating my own words. Employees are having fun with the contest and the competition has generated a lot of camaraderie and playful competition.

When I visit one office, someone will only half-jokingly ask me to leave donuts on the desk of one of their “weight loss foes” in the next office I visit. Folks have regaled me with their elaborate preparation and routine for winning the contest. Their approach reminded me of my pre-race and pre-fight preparation of a few years ago. Read more…

Benefits, Legal Issues

EEOC to Offer Employers Guidance on Wellness Programs

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By Eric B. Meyer

The U.S. Equal Employment Opportunity Commission is obsessed with wellness programs.

Or, as the EEOC likes to describe them “‘so-called’ wellness programs.” And not in a “yay, so-called wellness programs are super” kinda way.

No, in recent months, the EEOC has initiated litigation against companies (example, example, example) claiming that they violate the Americans with Disabilities Act (ADA) and the Genetic Information Non-Disclosure Act (GINA) by both requiring medical examination and penalizing employees who decline to participate. Read more…

HR News & Trends, Legal Issues

EEOC Guidebook Cranks Up the Push to Combat LGBT Discrimination

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By Eric B. Meyer

Even without a federal law that specifically bans discrimination in the workplace based on sexual orientation or gender identify, it’s no secret that one of the EEOC’s top priorities is to protect LGBT workers from discrimination.

And the Equal Employment Opportunity Commission is being quite transparent about it, with a new guide for employers and employees.

The EEOC recently published What You Should Know about EEOC and the Enforcement Protections for LGBT Workers. Read more…

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…