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Cynthia L. Effinger
Showing 66 posts by Cynthia L. Effinger.
US Supreme Court Will Review Important Case Affecting Pregnant Workers
The U.S. Supreme Court has just agreed to review Young v. UPS, a decision that will determine whether and to what extent an employer must provide pregnant employees with work accommodations, such as light duty, that are given to other workers with disabilities. More >
The EEOC in 2014
Last year was a record-breaking year for the Equal Opportunity Commission (“EEOC”), which obtained approximately $372 million for workers alleging workplace discrimination. In the EEOC’s annual report, the agency asked for $75 million to support their litigation efforts in 2014…thus, they show no sign of slowing down. According to EEOC Commissioner Constance Barker, “Since we’ve got so much authority delegated to the agency’s general counsel, 2013 really became the year of litigation, and I think 2014 will continue that trend…I think private companies ought to expect to see more aggressive use of the litigation process, more aggressive pursuit of systemic discrimination cases and more cases bypassing the commission’s review and vote.” More >
A Review of the EEOC in 2013
One of the best ways that employers can know what liability risks they are most likely to encounter in any given year is to review what an agency was targeting in the previous year and to review the agency’s work plan. I recently reviewed some 2013 statistics from the Equal Employment Opportunity Commission (“EEOC”) that are worth sharing: More >
The ADA & Web Accessibility
On March 6, the U.S. Department of Justice announced that a consent decree with H&R Block had been entered requiring the company to establish accessibility of its websites and mobile apps under the Americans with Disabilities Act. The decree resolves the department’s allegations that individuals with disabilities are denied full and equal enjoyment of the company’s tax-preparation focused goods and services provided online. More >
Comment Period Almost Over for OSHA Crystalline Silica Proposal, Cont.
As discussed on Monday, the permissible exposure level (“PEL”) for crystalline silica may soon be changing. OSHA has proposed a rule that would establish a new PEL, along with other safety measures to protect against the hazardous material. It should be kept in mind that any federal regulation set is the minimum standard that an employer must adhere to; it is always permissible for an employer to set more stringent requirements (in this case, a lower PEL) for their workplace. In addition, here are some recommended tips for employers whose workforces encounter crystalline silica: More >
Comment Period Almost Over for OSHA Crystalline Silica Proposal
In August 2013, the Occupational Safety and Health Administration (“OSHA”) announced a proposed rule regarding workplace exposure to crystalline silica. The proposal includes two separate standards – one for general industry and maritime employment, and one for construction. More >
