ADEA
The Return to the Office May Spur Harassment, ADA Claims
Various legal experts have said that employers with lasting remote operations or returning workforces should look out for certain issues. On Sept. 7, it appeared: the U.S. Equal Employment Opportunity Commission’s first lawsuit alleging an employer violated the Americans with Disabilities Act by requiring an employee to work in person, despite a company policy allowing…
Read MoreEmployers React to Workers Who Refuse a COVID-19 Vaccination
As COVID-19 vaccines become widely available, many employers are asking if they can require employees to get vaccinated, and what they can do if workers refuse. Some employers are firing workers who won’t take the vaccine. The Equal Employment Opportunity Commission (EEOC) has weighed in with guidance that answers some workplace vaccination questions. Employers may encourage or…
Read MoreEmployers Paid $439M to Resolve EEOC Discrimination Claims in 2020
Employers paid more than $439 million to resolve U.S. Equal Employment Opportunity Commission (EEOC) discrimination allegations. That number includes both private sector and state and local government workplaces during the agency’s 2020 fiscal year, according to a Feb. 26 statement. Retaliation claims constituted more than half of all charges filed with the agency last year, while disability-related claims and…
Read More3 Steps to Prevent Discrimination Complaints
Claims can take a toll on an employer’s reputation, finances, culture and more — not to mention the effect on employees directly involved. While the U.S. Equal Employment Opportunity Commission reported a drop in charges received last year, the more than 72,000 filed show that discrimination and harassment complaints are still very much a concern for employers.…
Read MoreSenate Confirms 3 Commissioners, Maintaining EEOC’s Right-Leaning Quorum
The U.S. Senate this week confirmed the nominations by Republicans of three commissioners for the U.S. Equal Employment Opportunity Commission (EEOC). Keith E. Sonderling, deputy administrator of the U.S. Department of Labor’s Wage and Hour Division, was confirmed Sept. 22 with a term that expires July 1, 2024 with a vote of 52-41. Sonderling was nominated in July 2019,…
Read More3 Workplace COVID-19 Trends That Are Likely Here to Stay
The post-pandemic landscape may be a very different one, especially with respect to leave and accommodations, experts are saying. It’s a familiar scene for anyone who has spent time in an office: Leadership calls an all-hands meeting and droves of employees pile into the main conference room, dragging in chairs and getting cozy. But COVID-19…
Read MoreBack to Basics: The Ins and Outs of The ADEA
As we continue our journey into the basics of federal employment laws, here is the third of five in our series, this time we’ll discuss the Age Discrimination in Employment Act (ADEA). Imagine a woman named Dorothy has worked at an interior design firm for the last 30 years. She started out a few days…
Read MoreMay an Employer Terminate a Disabled Employee for Excessive Absenteeism?
The United States Court of Appeals for the First Circuit recently upheld a trial court decision in favor of JetBlue concerning the termination of a disabled employee due to her excessive absenteeism. Miceli v. JetBlue Airways Corp., No. 18-1345 (January 28, 2019). Many employers are apprehensive about terminating the employment of disabled employees, even when…
Read MoreCan You Be Held Personally Liable In An Employment Lawsuit? The Answer Lies Down A Rabbit Hole
In “Alice in Wonderland,” the Queen of Hearts once proclaimed, “Why, sometimes I’ve believed as many as six impossible things before breakfast.” This appears to be the rallying cry of many plaintiffs across the country when they file administrative charges and lawsuits. They continue to name individual supervisors and human resources directors as individual defendants…
Read MoreSeasons 52 Settles $2.85M Hiring Discrimination Lawsuit
EEOC focusing on tough-to-prove age bias against older job seekers Recent high-profile cases alleging bias against older job applicants were based on campus recruiting programs and online recruitment campaigns, new territory for litigation. But the settlement this month between the U.S. Equal Employment Opportunity Commission (EEOC) and the Seasons 52 restaurant chain indicates that the more…
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