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Showing 39 posts in EEOC.

Updated & Enhanced EEOC Enforcement Guidance – What Does it Mean for Employers and Pregnant Employees?

November 24, 2014
Posted In EEOC, Employee Benefits, Employee Handbook, Employee Hazards, Employment Law, Employment Non-Discrimination Act ("ENDA"), Human Resource Department, Job Requirement, Maternity Leave, Pregnancy Discrimination Act, Young v. UPS

In 2013 alone, 5,342 discrimination claims were filed alleging pregnancy discrimination. The result – employers paid out over $17 million in monetary benefits last year. In fact, the EEOC’s statistics do not include monetary benefits obtained through litigation; thus, employers likely paid out a significant amount more than $17 million. To avoid adding to this figure, employers must pay particular attention to pregnancy discrimination in the workplace, be mindful of what is required to comply with federal and state law, and take precautions to ensure that no discriminatory practices exist in the workplace. More >

EEOC Sues Companies for Transgender Discrimination

October 13, 2014
Posted In EEOC, Employee Hazards, Hiring and Firing, Litigation, Title VII of the 1964 Civil Rights Act

The Equal Employment Opportunity Commission (“EEOC”) has just filed suit against two companies for alleged discrimination against transgendered employees. The suits were filed separately in Florida and Michigan, against Lakeland Eye Clinic and G.R. Harris Funeral Homes, Inc., respectively. In both cases, employees alleged that they were fired after they disclosed they were undergoing gender transitions. More >

EEOC Sues Home Care Agency for GINA Violation

October 6, 2014
Posted In EEOC, Employee Forms, Employment Discrimination Laws, Employment Law, Genetic Information Nondiscrimination Act ("GINA"), Hiring and Firing

On September 17, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued a press release announcing it is suing BNV Home Care Agency, Inc. (“BNV”) for practices that are prohibited by the Genetic Information Nondiscrimination Act (“GINA”). More >

Job Descriptions & Performance Reviews – a Recap of the McBrayer & Business First Seminar

September 17, 2014
Posted In Department of Labor ("DOL"), EEOC, Employee Forms, Employee Handbook, Employee Performance Reviews, Employment Law, Job Description

Just yesterday, Business First and McBrayer sponsored the second part of a two-part seminar entitled “Lessons in Workplace Liability.” Amy D. Cubbage and Cynthia L. Effinger, McBrayer Employment Law attorneys, explained to attendees how job descriptions and performance evaluations can be used as powerful legal tools to limit liability for discrimination-based claims. If you were not able to attend the seminar, but would still like a copy of the materials, contact McBrayer’s Marketing Department at bpowers@mcbrayerfirm.com or 859-231-8780. We have also summarized some of the information shared by the presenters below. More >

US Supreme Court Will Review Important Case Affecting Pregnant Workers, Part II

By Cynthia L. Effinger on July 16, 2014
Posted In ADA Amendments Act of 2008 (“ADAAA”), EEOC, Employment Law, Litigation, Pregnancy Discrimination Act, Young v. UPS

On Monday, details about the case Young v. UPS were discussed. Young was a part-time UPS driver who, after becoming unable to lift heavy packages due to her pregnancy, was denied her request for light duty. She alleges that UPS violated the law by failing to provide her the same accommodations as it provided to nonpregnant employees with physical disabilities who were similar in their ability to work. After the District Court and Fourth Circuit Court of Appeals both found for UPS, Young petitioned filed a petition for certiorari with the Supreme Court. UPS, however, responded to the petition with an argument that the 2008 amendments to the Americans with Disabilities Act (“ADA”) could render the case moot.  The actions that led to the suit occurred in 2006 – before the amendments to the ADA were made. More >

The EEOC in 2014

By Cynthia L. Effinger on May 21, 2014
Posted In EEOC, Employment Discrimination Laws, Employment Law, Genetic Information Nondiscrimination Act ("GINA"), Hiring and Firing

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

By Cynthia L. Effinger on May 19, 2014
Posted In ADA Amendments Act of 2008 (“ADAAA”), EEOC, EEOC v. Hill Country Farms, Employment Discrimination Laws, Employment Law, Hiring and Firing, Litigation

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 >

Thinking Outside the Box: Eliminating the Criminal Conviction Box from Employment Applications

December 11, 2013
Posted In "Ban-the-box", Criminal Background Checks, EEOC, Employee Personnel Files, Employment Law, Job applications

As most employees and employers are aware, a standard employment application normally includes a box or line item for the applicant to document whether he/she has ever been convicted of a crime. In the employment relations realm, however, there exists a growing initiative to “ban-the-box” – meaning that job applications no longer ask about one’s criminal history. More >

Private Employers/Employees Are Not Insulated From Government Shutdown

October 7, 2013
Posted In Department of Labor ("DOL"), EEOC, Government employees, Government shutdown, OSHA, Private employers, Small Business Administration (SBA), U.S. Citizenship and Immigration Services, Uncategorized

Last week, the Federal Government entered into its first partial shutdown in over seventeen years. Federal civilian workers woke up on Tuesday to an unclear future; over 800,000 were sent home until further notice on unpaid furlough.  In the event the Government cannot come to an agreement with regard to the debt ceiling in the next 10 days, there may be widespread economic ramifications for nearly every employer.  In the meantime, the partial Government shutdown is resulting in inconveniences for those in the private sector. More >

Fighting the Flu (and Liability) in the Workplace, cont.

September 25, 2013
Posted In Chenzira v. Cincinnati Children’s Hospital Medical Center, EEOC, Employee Hazards, Employment Law, Job Requirement, Mandatory vaccination policies, Sick Employees

On Monday, we examined the basic concept of employer-mandated flu vaccinations.  Generally speaking, employers may require at-will employees to get a flu shot and may terminate an employee based upon a refusal. The right to terminate, however, is not without limitation,  and a recent case on this issue instructs that certain protected rights and classifications likely must be considered prior to termination. More >

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