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Showing 39 posts in EEOC.

Who’s GINA and What Should I Know About Her?

September 16, 2013
Posted In EEOC, EEOC v. Fabricut, EEOC v. The Founders Pavilion, Employment Law, Genetic Information Nondiscrimination Act ("GINA"), Litigation, Medical Exams

GINA is not a who, but rather a what. The Genetic Information Nondiscrimination Act (“GINA”) was passed by Congress in 2008. GINA makes it illegal for employers with 15 or more employees to discriminate against employees or applicants on the basis of genetic information. Employers cannot lawfully inquire about (1) an individual’s genetic tests; (2) the genetic tests of an individual’s family members; or, (3) the manifestation of a disease or disorder in the family members of such an individual. More >

Weight For It: How Will The AMA’s New Decision Affect Employers?

July 17, 2013
Posted In ADA Amendments Act of 2008 (“ADAAA”), Americans with Disabilities Act, EEOC, Employment Discrimination Laws, Employment Law, Litigation, Obesity

In a press release issued on June 18, 2013, the American Medical Association (“AMA”) declared obesity as a “disease.” The decision was met with sharp controversy, as it automatically classified millions of overweight Americans as diseased. Critics of the classification believe that obesity is not a disease and that there is no way to determine one’s health based on a number on the scale. The AMA hopes the new label will lead to better coverage and treatment for those who suffer from obesity. More >

Innocent Until Proven Guilty, But Employed, Too? How to Handle Employee Arrests

February 18, 2013
Posted In Crisis Management, EEOC, Employee Arrests, Employee Misconduct, Employment Law, Hiring and Firing, Human Resource Department

Employers routinely encounter employee situations that leave them in a bind: illness, pregnancy, or the rogue employee who walks out without notice. There is also another situation that can leave employers scratching their head and calling the HR department: what do you do when an employee is arrested? More >

EEOC’s Focus on Pregnancy Discrimination

November 7, 2012
Posted In EEOC, Employment Discrimination Laws, Employment Law, Employment Non-Discrimination Act ("ENDA"), Family and Medical Leave Act (“FMLA”), Hiring and Firing, Human Resource Department, Pregnancy Discrimination Act, Strategic Enforcement Plan (SEP), Workplace Discrimination, Harassment and Retaliation

Earlier this week, we gave you an overview of the issues that, according to a recent draft of its Strategic Enforcement Plan (“SEP”), the EEOC is likely to target in the coming years.  One of the emerging issues highlighted in that draft relates to pregnancy discrimination, specifically, situations which force women into unpaid pregnancy leave after being denied accommodations routinely provided to similarly situated employees.  In lock step with the EEOC’s express priorities, the following relevant cases have emerged over just the last few months: More >

Looking at the EEOC’s Draft Strategic Enforcement Plan

October 31, 2012
Posted In Americans with Disabilities Act, EEOC, Employment Discrimination Laws, Employment Law, Hiring and Firing, Strategic Enforcement Plan (SEP), Workplace Discrimination, Harassment and Retaliation

Last month, the U.S. Equal Employment Opportunity Commission's (EEOC) released a draft of its Strategic Enforcement Plan (“SEP”). The SEP is intended to, amongst other goals, establish priorities for the EEOC in the coming years. The draft included five broad nationwide priorities, as follows: More >

Progress for Transgender Employees Seeking Protection from Discrimination in the Workplace

August 22, 2012
Posted In EEOC, Employment Discrimination Laws, Employment Law, Human Resource Department, U.S. Equal Employment Opportunity Commission (“EEOC”), Workplace Discrimination, Harassment and Retaliation

Kentucky currently has no laws prohibiting discrimination on the basis of sexual orientation or gender identity.  However, since 1999 Louisville-Jefferson County and Lexington-Fayette County and Covington (in 2003) have had local ordinances banning discrimination in employment, housing and public accommodations due to sexual orientation.  In June 2008, Governor Steve Beshear reinstated an Executive Order banning discrimination of state employees based on sexual orientation and gender identity.  On April 23, 2012 the EEOC delivered a landmark ruling, in favor of protection against discrimination for transgender people working for the federal government.  With the introduction of HB 188/ SB 69 Statewide Fairness Act and the federal Employment Non-Discrimination Act on the horizon, we are prompted to encourage every employer to give fairness policies and procedures a serious review. More >

New Guidance on the Use of Criminal Background Checks in Hiring

April 27, 2012
Posted In Criminal Background Checks, EEOC, Employment Discrimination Laws, Employment Law, Hiring and Firing, Workplace Discrimination, Harassment and Retaliation

If you are an employer which uses criminal background checks as part of your decision process in deciding whether to hire an applicant, you should be aware that on April 25, 2012 the U.S. Equal Employment Opportunity Commission (EEOC) issued a new Guidance (EEOC Enforcement Guidance No. 915.002) which further clarifies under what circumstances such a practice may in fact be viewed as discriminatory.  While the use of criminal background checks to screen applicants may seem like a colorblind endeavor, the EEOC has outlined via its Guidance when that activity can have an unlawful impact on certain groups of job applicants. This finding is based upon the EEOC’s noted findings, based upon historical data, that different races are incarcerated at different rates, making a prohibition on not hiring anyone with a conviction a prohibition which is more limiting to African-American applicants as opposed to Caucasians for example.    Because of this new clarification on the potential unlawful effects criminal background checks may have, employers generally need to once again examine their hiring policies to make sure that they will not run afoul of the law even if one’s motive in conducting criminal background checks is pure. More >

School’s Out for the Summer!: Important Employment Law Considerations when Hiring Interns and Graduates

April 5, 2012
Posted In Americans with Disabilities Act, EEOC, Employee Contracts, Employment Discrimination Laws, Employment Law, Fair Labor Standards Act (FLSA), Hiring and Firing, Informal Discussion Letter (“EEOC Letter”), Internet & Media Law, Workplace Discrimination, Harassment and Retaliation

Spring is here, and along with the change in season comes a flurry of graduation announcements, parties, and for employers, a flurry of applications and resumes from recent high school and college graduates.  Recent graduates and interns provide a wealth of talent for many employers, and often become a core part of their operations and strategy.  However, there are a few employment law considerations that must be understood by a company’s HR representative, and really, everyone involved in the hiring process, when advertising, hiring and determining wages for your Spring hires. More >

Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, et al.

January 13, 2012
Posted In EEOC, Employee Contracts, Employment Discrimination Laws, Employment Law, Hosanna-Tabor Opinion

This week the US Supreme Court issued an opinion which has been touted by some as a huge win for religious institutions in the United States, and which has already been spun by certain political pundits as a roadblock to Federal government intrusion.  While certainly significant, the scope and fallout from Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, et al., 556 U.S. ___ (2012),[1] Slip Opinion No. 10-553 (January 11, 2012), is unknown, and may be less momentous than some hoped.  More >

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