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Reinstatement is Back on the Menu Posted on: January 05, 2022 In: Labor & Employment
Nearly every single EEOC Charge of Discrimination filed by a former employee is resolved with the employment relationship permanently severed. In nearly all cases, after pursing litigation, both parties are happy to go their separate ways. However, the Tenth Circuit recently held that “reinstatement is the preferred remedy and should be ordered whenever it is appropriate.”
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Tags:
reinstatement, tenth circuit, wrongful termination, eeoc, workplace discrimination, human resources
When Absence Makes the Boss Grow Madder: What to Do With Employees Whose Medical Leave Never Seems to End Posted on: April 22, 2021 In: Labor & Employment
One of the most vexing challenges employers face is how to handle employees who appear to be on an endless medical leave. Is an employer required to continue accommodating such a person, or does there come a point when enough is enough and the employer can lawfully terminate his or her employment? Unfortunately, the answer is not clear-cut. However, if they consider the following points, employers may be able to reduce the likelihood of a lawsuit.
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Tags:
medical leave, fmla, ada, reasonable accommodation, eeoc, human resources
It’s Official: EEOC Adopts New Rule Updating Conciliation Procedures Posted on: March 03, 2021 In: Labor & Employment
In welcome news for employers, on January 11, 2021, the Equal Employment Opportunity Commission (EEOC) adopted its final rule updating its conciliation procedures for the first time in more than 40 years. The rule is designed to ensure transparency, consistency, and fairness in the conciliation process between employers and the EEOC. Best of all, the process is informal and confidential, and can help employers to improve the workplace and address specific grievances with less risk of litigation.
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Tags:
eeoc, conciliation, discrimination, litigation, employmentlaw
What Labor & Employment Changes to Expect Under The Biden Administration Posted on: March 01, 2021 In: Labor & Employment
Throughout his campaign and first weeks in the White House, President Biden has laid out plans to promote an ambitious labor and employment agenda during his administration. We expect President Biden’s agenda to continue to be crafted though his issuance and repeal of Executive Orders, and will further advanced through the his cabinet picks and agency appointees. This post includes a top-level summary of key labor and employment changes from the Biden Administration that we are following.
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Tags:
biden administration, wage and hour, discrimination, labor law, employment law, eeoc, osha, nlrb
Finally! Proposed Rule by EEOC Will Give Employers a True Opportunity at Conciliation Prior to Litigation Posted on: November 05, 2020 In: Labor & Employment
As many employers throughout the country are well aware, once the Equal Employment Opportunity Commission (EEOC) finds reasonable cause on a charge of discrimination, litigation inevitably ensues. What employers may not know is that, in theory, the EEOC has always been required to attempt to secure a conciliation agreement in good faith prior to proceeding with litigation against the employer. The problem? The agency just wasn’t giving conciliation much of an effort.
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Tags:
eeoc, discrimination, conciliation, ada, gina, adea
California “Propositions” to Re-Implement Affirmative Action in Public Sector Hiring: What Employers Need to Know Posted on: October 23, 2020 In: Labor & Employment
On the upcoming November 3, 2020 ballot, Proposition 16 proposes to amend the California Constitution to allow public sector employers to consider race, sex, color, ethnicity, or national origin in hiring decisions. This proposition comes on the heels of the recent protests against police brutality and is thought to promote diversity in the workplace, which will in turn reduce adverse treatment of minorities in local communities.
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Tags:
california, affirmative action, discrimination, eeoc, employment law
U.S. Supreme Court Outlaws Discrimination Against LGBTQ+ Employees Posted on: June 15, 2020 In: Labor & Employment
On June 15, 2020, the United States Supreme Court held that Title VII, the federal employment law that prohibits discrimination “because of sex,” bars discrimination based on an individual’s sexual orientation and transgender status. Conservative Justice Neil Gorsuch, joined by Chief Justice John Roberts and four liberal members of the Court, penned the 6-3 decision granting nationwide protection to LGBTQ+ employees.
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Tags:
supreme court, lgbtq+, title vii, discrimination, eeoc
Three Tips to Mitigate Employment Discrimination Risks As Stay-at-Home Orders Are Lifted Posted on: May 21, 2020 In: Labor & Employment
Many businesses are now being challenged to return some or all of their furloughed employees to work based on the modification or elimination of stay-at-home orders and other state and local restrictions. This post discusses three tips that employers should consider to help mitigate the risks of exposure to employment discrimination claims under federal, state, and local laws as this process unfolds.
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Tags:
return to work, eeoc, human resources, disability, covid-19, coronavirus
EEOC Provides Guidance for Businesses Contemplating Return-to-Work Policies and Procedures Posted on: May 06, 2020 In: Labor & Employment
As the COVID-19 pandemic continues to unfold, employers are adjusting their practices on an ongoing basis in accordance with ever-changing government guidelines. Indeed, the United States Equal Employment Opportunity Commission (EEOC) recently updated its recommendations for how employers may comply with the Americans with Disabilities Act (ADA) and other employment laws as employees begin to return to work. This post summarizes the key elements of these updated guidelines.
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Tags:
return to work, eeoc, ada, covid-19, coronavirus, harassment, workplace safety
What an Employer May Screen in the Time of COVID-19 Posted on: March 19, 2020 In: Labor & Employment
In this time of extra precautions, closing businesses, and social distancing, employers are doing their best to protect the public and their workers. Some businesses, however, are unable to close their doors and/or serve a valuable public purpose. For those employers, they seek any and all available methods to ensure safety. Some of those measures, however, may violate various laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act.
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Tags:
eeoc, coronavirus, ada, reasonable accommodations, healthcare, covid-19
Recent New Jersey Verdict Draws Into Focus Employer Liability for the Actions of Non-Employees Posted on: February 21, 2020 In: Labor & Employment
A New Jersey jury recently awarded $2.4 million in damages against a financial institution for failing to adequately prevent an employee from being sexually assaulted by a customer. The threshold question of whether a company can be held liable for the conduct of a non-employee has been answered, at least in the Law Division in New Jersey, in the affirmative.
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Tags:
sexual harassment, employer liability, non-employees, eeoc, new jersey
A Fair-Minded and Welcoming Workplace for All Posted on: April 22, 2019 In: Labor & Employment
While Title VII of the Civil Rights Act of 1964—the federal law prohibiting discrimination by private employers—does not expressly include sexual orientation or gender identity as protected classes, the Equal Employment Opportunity Commission (EEOC), consistent with U.S. Supreme Court case law, has taken the position that Title VII's prohibition of sex discrimination forbids employment discrimination based on gender identity or sexual orientation, protections which apply regardless of any contrary laws.
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Tags:
title vii, civil rights, transgender rights, eeoc, supreme court