Articles tagged 'EEOC'

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…

Benefits, HR News & Trends, Legal Issues

For the First Time, EEOC Directly Challenges a Workplace Wellness Program

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By Russell D. Chapman

The U.S. Equal Employment Opportunity Commission has filed its first lawsuit directly challenging the operation of a wellness program.

In EEOC v. Orion Energy Systems, the EEOC alleged that the employer imposed a wellness program on its employees in violation of the Americans with Disabilities Act.

According to the complaint filed Aug. 20, 2014 in the U.S. District Court for the Eastern District of Wisconsin, the EEOC claims that the defendant, Orion Energy Systems, administered a wellness program in which employees were asked to complete a health risk assessment, which included questions regarding medical history and blood work. Read more…

Benefits, Legal Issues

What Employers Should Know About the Americans With Disabilities Act

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By Sandra S. Moran

The U.S. Equal Employment Opportunity Commission’s efforts to enforce the 2008 American with Disabilities Amendments Act have certainly not waned as it continues to challenge leave policies.

Armed with a recent $1.35 million settlement to dismiss a disability discrimination lawsuit filed by the EEOC (EEOC v. Princeton Healthcare System), employers should evaluate their policies and procedures regarding leave to ensure they comply with the ADA.

This is especially true for health care providers, as the EEOC has shown less tolerance for ADA violations in the health care sector given the fact that they expect health professionals to be particularly understanding of those with disabilities. Read more…

HR News & Trends, Legal Issues

Title VII Prohibits Retaliation Based on Good Faith Claim of Harassment

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By Eric  B. Meyer

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a number of protected classes. Sexual orientation isn’t one of those protected classes specifically listed in the statute.

So, if an employee complains about sexual-orientation harassment and is later fired because she complained, then that won’t create a claim under Title VII. Or does it?

In Bennefield v. Mid-Valley Healthcare, Inc., an employee allegedly complained to her supervisor that a co-worker was creating a hostile work environment by, among other things, calling the employee a “disgusting lesbian” and a “stupid lesbian.” Read more…