Articles tagged 'EEOC'

HR News & Trends, Legal Issues

Protected Workplace Conduct Is “As Simple as Telling a Supervisor to Stop.”

no-harassment

By Eric B. Meyer

When I think about retaliation, I think about who gets fired after complaining about discrimination to an HR Manager or the EEOC.

These actions epitomize the “opposition” and the “participation” clauses of Title VII of the Civil Rights Act of 1964, the federal anti-discrimination statute.

By what about when an employee doesn’t go to HR, doesn’t complain to the Equal Employment Opportunity Commission, but, instead, simply tells a supervisor to stop sexually harassing her? If that employee is later fired, and she can establish that she was fired because she told her supervisor to stop, is that a winning retaliation claim? Read more…

HR News & Trends, Legal Issues

Court: Sexual Stereotyping Is Really Sexual Discrimination

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By Eric B. Meyer

Last September, for the first time ever, the EEOC sued two private employers for discriminating against employees who had transitioned from one gender to another.

One of those cases settled last week for $150K.

Yesterday, the other action survived the employer’s motion to dismiss the case. Read more…

HR News & Trends, Legal Issues

Is Telecommuting a Reasonable Accommodation Under the ADA?

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By Eric B. Meyer

If you’re in a rush, I’ll hit you with the punchline and save you the trouble of reading a 1,000 plus word blog post:

Telecommuting may be a reasonable accommodation under the Americans with Disabilities Act, except where regular attendance is an essential function of the job.

For those of you with a few minutes to spare, today’s post springs from a case, a saga really, involving the U.S. Equal Employment Opportunity Commission and the Ford Motor Company. And since I have a few good employer takeaways at the end — hey, don’t skip all the way through! — today’s post is worth the time. Read more…

HR News & Trends, Legal Issues

Dealing With the “Bathroom Issue” and Transgendered Employees

transgender-cover

By Eric B. Meyer

On my speaking gigs around the country, what’s the biggest issue I hear from HR professionals involving transgender employees?

Yep, it’s the use of the bathroom.

Folks, it’s not that complicated. But, I’ll get to that in a sec.

First, with a tip of the hat to Joshua Block (@JoshACLU), over the weekend, I read this tweet, which links to this story about a Planet Fitness location in Michigan that received a complaint from a female gym member. Read more…

HR News & Trends, Legal Issues

Court Takes EEOC to the Woodshed For Overreach on Background Checks

eeoc

You might recall last August’s stinging comments from celebrated Judge Roger Titus of the U.S. District Court for the District of Maryland that were directed at the EEOC when he dismissed their case against Freeman Companies for what the commission alleged as discriminatory hiring practices related to Freeman’s use of criminal background checks and credit reports.

Judge Titus used words like “laughable,” “unreliable,” and “mind boggling.”

Instead of heeding the judge’s remarks and conceding their overreach, the Equal Employment Opportunity Commission appealed his ruling to the Fourth U.S. Circuit Court of Appeals, based in Richmond, VA. At issue was the testimony of the EEOC’s expert witness, Dr. Kevin R. Murphy, which was excluded by the lower court. Read more…

HR News & Trends, Legal Issues

Yes, Your Independent Contractors SHOULD Release Employment Claims

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Editor’s Note: Weekly Wrap is taking the week off. It will return next Friday.

By Eric B. Meyer

Here’s a thought: Consider requiring your new independent contractors to release employment claims.

What the hell are you talking about, Eric? Why would we make an independent contractor sign a release of employment claims before starting work for our company?

I’m so glad you asked.   Read more…

HR News & Trends, Legal Issues

A Lesson in Why You Can Never Tolerate a Supervisor’s Racial Slurs

ENDA discrimination

By Eric B. Meyer

Even a few stray remarks can land your business in hot water…as one employer recently learned.

A cashier at a store in Mississippi was promoted to lead associate just a few months after her employment began. A few years later, the lead associate expressed interest in becoming an assistant manager. That promotion never happened. Read more…

Benefits, HR News & Trends

Senate Committee Told EEOC Must Provide Guidance on Wellness Plans

workplacewellness

Editor’s note: Weekly Wrap is taking the week off. It will return next Friday.

By Ilyse Wolens Schuman

Recent actions by the Equal Employment Opportunity Commission were under scrutiny this week during a Senate hearing on wellness programs.

The EEOC bore the brunt of the criticism unleashed during the hearing for acting at odds with provisions the Affordable Care Act to promote the use of such programs. Both Democratic and Republican members of the Committee on Health, Education, Labor and Pensions advocated employer-provided wellness programs, and asked witnesses to explain the difficulties they have faced in implementing such programs. Read more…

HR News & Trends, Legal Issues

Four New Ban-the Box Laws Became Effective This Year

Ban thebox

By Philip L. Gordon and Zoe M. Argento

With the start of 2015, new ban the box laws became effective in Illinois, the City of Chicago, and Montgomery and Prince George’s counties in Maryland.

Ban the box laws prohibit questions about an applicant’s criminal background on employment applications and often include additional restrictions on inquiries by employers into criminal history. Read more…

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…