By Eric B. Meyer
When you gotta go, you gotta go.
In Sanders v. Judson Center, the plaintiff worked for a non-profit human service agency providing services to disabled individuals identified as “consumers.” The plaintiff, who suffered from a heart condition, was prescribed medication designed to get rid of body of fluids.
One night, while transporting two consumers in a van, the plaintiff was overcome with the need to urinate. So, she pulled over at a rest stop to use the bathroom.
The problem was that the two consumers required constant supervision. And, during the plaintiff’s bathroom break, one of the “consumers” wandered off from the van. Read more…
By Ilyse Wolens Schuman
The Equal Employment Opportunity Commission has issued new enforcement guidance on pregnancy discrimination and related issues, despite reservations expressed by some EEOC Commissioners.
In general, the five-part guidance explains Title VII‘s prohibition against pregnancy discrimination, describes individuals to whom the Pregnancy Discrimination Act (PDA) applies, discusses the expanded definition of “disability” under the Americans with Disabilities Act (ADA) and how it applies to pregnancy-related impairments, and sets forth examples of best practices and reasonable accommodations.
The guidance was approved by a 3-2 vote along party lines, with Commissioners Constance Barker and Victoria Lipnic voting against it. Read more…
HR departments are the sentries of the office, with access to sensitive personnel records such as health information, I-9 documents as well as salary details, records that can take up loads of file cabinet space, and not to mention, archived data that is located off site.
But what If you suddenly find yourself asking these questions:
- Is our vast personnel (past and present) data secure?
- How much time is paper-management costing us? Read more…
By Chastity C. Bruno
With today’s advances in technology, more employers have discovered the benefits of permitting employees to work from home – aka telecommuting.
However, the question becomes this: When does an employer have to provide a “telecommuting” accommodation for an employee due to a disability covered under the Americans with Disabilities Act (ADA)?
In 1999, the Equal Employment Opportunity Commission (EEOC) said that allowing an employee with a disability to work from home may be a reasonable accommodation. The ADA requires employers with 15 or more employees to provide a reasonable accommodation to qualified employees with disabilities. Read more…
In advance of an expected floor vote, the Senate Committee on Health, Education, Labor and Pensions held a hearing this week to discuss the merits of the Paycheck Fairness Act (S. 84).
Sen. Barbara A. Mikulski,D-MD, chief sponsor of the legislation, said the Senate needs to “finish the job started by the Lily Ledbetter” Fair Pay Act.
The bill, which has been introduced several times in the last few years but has failed to advance, would make the following changes to current wage law: Read more…
By Ashley Kaplan
We’re only a few months into 2014 and we’re already seeing a swell of labor law activity. What are the most significant developments this quarter – and what should you be watching for the rest of year?
Let’s start with the biggest federal-level legal changes to hit the workplace thus far:
Increase in federal contractor minimum wage
Shortly after delivering his 2014 State of the Union address, President Obama signed an executive order to raise the minimum wage for federal contract workers from $7.25 an hour to $10.10. Read more…
By Chastity C. Bruno
In recent years, the number of complaints filed with the Equal Employment Opportunity Commission regarding religious discrimination has dramatically increased.
According to the EEOC, there were 1,709 complaints of religious discrimination in 1997 and 3,721 complaints in 2013.
Employers with 15 or more employees need to be cognizant that Title VII of the Civil Rights Act of 1964 protects employees’ and job applicants’ rights to observe their religion through dress and grooming. Read more…
By Jane Ann Himsel
The Equal Employment Opportunity Commission (EEOC) has released two new technical assistance documents governing religious dress and grooming and Title VII compliance.
The first document, Religious Garb and Grooming in the Workplace: Rights and Responsibilities, discusses the interplay between employment discrimination law and religious dress and grooming practices, and outlines steps employers can take to avoid Title VII violations. The second document is a fact sheet that distils the information in the first document to a one-page guide. Read more…
By David N. Goldman
Last month, the Equal Employment Opportunity Commission recently updated its charge statistics (the total number of discrimination claims filed with the agency) for 2013.
This information comes at the heels of an updated enforcement plan released late last year. With the benefit of a little time, a deeper look at these numbers reveals some important messages for organizations looking to focus their compliance efforts.
For math geeks, the EEOC’s annual update is a gift. Here are some statistics that seem particularly relevant to employers: Read more…
By Howard Mavity
Leadership lessons from the military do not necessarily translate to the private sector.
I am uncomfortable with business books which continually analogize the workplace to the battlefield. It’s not the same thing. However, there is an enormous amount of wisdom to be gleaned from those who have served.
As an example, Forbes recently ran a piece by Kevin Kruse discussing the need to be open and authentic with employees, How One former Navy SEAL Modulates Authentic Leadership. Read more…