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Sexual Harassment and What Employers Must Do to Comply

December 01, 2017

SExual-Harassment-complaint-form-and-pen.jpgThe latest headlines confirm the 2016 findings published by the Equal Employment Opportunity Commission (EEOC) that workplace harassment too often goes unreported. The EEOC reports that “approximately 70% of the individuals who experienced harassment never even talked with a supervisor or manager,” meaning that they didn’t report it to their employer.

Court's Ruling Requiring the EEOC to Reconsider Its "Wellness" Regulations

August 30, 2017

The ruling in the AARP v. EEOC case may be detrimental to employers and their healthcare plans because the EEOC may either reduce the percentage of its allowable inducement (or penalty) below 30% of the employee cost for participation in any employer-sponsored “wellness” program to be considered voluntary or possibly return to its former position that any reward or penalty renders participation involuntary.

A Drill Down on Pence's Policy in Context of Avoiding Workplace Discrimination

July 26, 2017

David Donovan of South Carolina Lawyers Weekly posted an article, “The Pence Policy: Male-Female Interaction Rule May Have Pitfalls for Employers”, which addresses how Vice President Pence’s policy to never eat alone with a woman other than his wife might disadvantage women if the policy was employed in the workplace because of lost mentoring or career-advancement opportunities. 

Failure to Accommodate Sincere Religious Beliefs Can Be a Costly Mistake for Employers

June 20, 2017

Last week, in the case of EEOC v. Consul Energy, Inc., the Fourth Circuit affirmed a $586,860 judgment for a coal miner who claimed that his employer (Consul Energy) failed to accommodate his religious beliefs and constructively discharged him when it forced him to use a biometric hand scanner to monitor work hours. 

Will the Revised EEO-1 Form Be Stopped?

April 18, 2017

Last week, Senators Lamar Alexander (R-Tennessee) and Pat Roberts (R-Kansas) urged President Trump to rescind the new requirements of the revised EEO-1 form.

EEO-1 Form Updated to Include Pay Data

October 03, 2016

The Equal Employment Opportunity Commission (“EEOC”) just released an updated EEO-1 reporting form that requires employers to provide employee pay data beginning in March 2018.

Another Win for Wellness

September 23, 2016

On Monday, September 19, the U.S. District Court for the Eastern District of Wisconsin issued an opinion finding that penalizing an employee by requiring the employee to pay the entire premium for participation in an employer’s healthcare plan if the employee refused to complete a voluntary health risk assessment to participate in the employer’s wellness program did not violate the Americans with Disabilities Act (ADA).

EEOC Seeks Comments on Proposed Enforcement Guidance to Address National Origin Discrimination

June 27, 2016

The EEOC recently issued Proposed Enforcement Guidance to address national origin discrimination, which noted that 11% of the charges of discrimination received from the private sector allege national origin discrimination. 

Final Rules on Employer Wellness Programs

June 23, 2016

The EEOC issued its Final Rules on how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to wellness programs employers offer that request health information from employees and their spouses.

The EEOC Just Said Harassment Training Doesn’t Work?

June 20, 2016

The U.S. Equal Employment Opportunity Commission’ (EEOC) commissioned a Select Task Force on the Study of Harassment in the Workplace which concluded that the past 30 years of corporate training has had no effect on preventing workplace harassment. 

What to Know About the “Bathroom Bills”

April 19, 2016

If you have been following the news the last few weeks, you probably heard about North Carolina’s controversial new law that blocks local governments from allowing transgender individuals from using public restrooms that correspond with their gender identity.

It Depends on What the Meaning of the Word “Sex” Is

March 10, 2016

Last week, the EEOC initiated two separate lawsuits against private employers alleging that the employers discriminated against employees on the basis of sexual orientation. 

A Win for Wellness Programs

February 09, 2016

The EEOC’s thwarting of otherwise compliant wellness programs under the auspices of the Americans with Disabilities Act (ADA) is a bone of contention for many in our industry, me included.

Federal Government Announces Plan to Collect Pay Data from Large Employers

February 01, 2016

The White House, Equal Employment Opportunity Commission (“EEOC”), and Department of Labor (“DOL”) announced Friday, January 29, a new plan to address payment discrimination against women and minorities. 

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