Tag Archives: EEOC

What’s the Effect of the Sessions’ Memo on Transgender Discrimination?

Ver la versión en español aquí On October 4, 2017, U.S. Attorney General Jeff Sessions issued a memorandum advising that the U.S. Department of Justice will no longer take the position that Title VII (the law which prohibits discrimination based on sex, race, color, national origin, and religion) prohibits discrimination based on “gender identity per … Continue Reading

A Return To The “Old” EEO-1 Form; EEOC Will Not Collect Pay Data in 2018

Ver la versión en español aquí Employers can breathe a sigh of relief: The EEOC’s initiative to collect summary pay and hours worked data in the new EEO-1 form has ended … for now, at least. Just last year, on September 26, 2016, the EEOC announced that the annual EEO-1 reporting process would change for … Continue Reading

EEOC Sues to Give Fathers the Same “Maternity” Leave as Mothers

Ver la versión en español aquí In last week’s blog, I highlighted Facebook CEO Mark Zuckerberg’s announcement that he’ll be taking 2 months off work following the birth of his daughter later this year (even though, presumably, he would be entitled to 12 weeks under the FMLA, and 4 months under Facebook’s policy). Well, paternity leave … Continue Reading

Top Takeaways from Our 27th Annual Labor & Employment Law Seminar

Ver la versión en español aquí Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you were able to get a “glimpse into the future” of Labor & Employment law. Check out our Facebook album with photos from the event to see if you can spot yourself or your … Continue Reading

EEOC Wellness Plan Controversy: All’s Well That Ends Well?

Ver la versión en español aquí Earlier this month, the EEOC and Orion Energy Systems settled a case pending in a Wisconsin federal court in which the EEOC alleged that the company’s wellness plan violated the Americans with Disabilities Act (ADA). This case goes back to the spring of 2009 when an employee was forced … Continue Reading

The EEOC Rings Out 2016 with End of the Year Stats

Ver la versión en español aquí We all love factoids-right? So if you are heading out to a New Year’s Eve Party this weekend and need a few icebreakers to get the conversation going, the U.S. Equal Employment Opportunity Commission (“EEOC”) has come to the rescue. The EEOC recently provided a brief review of its fiscal year … Continue Reading

Halloween Costumes at Work Could be “Tricky”

Ver la versión en español aquí At the risk of reinforcing the notion of lawyers and human resources professionals as being the “no fun” bunch, we offer some practical tips to avoiding the unsuspecting tricks employers may experience after treating employees to Halloween cheer.  First, while many will revel in the opportunity to wear a … Continue Reading

Employment is Now-But is a Separation Agreement Still Forever?

Ver la versión en español aquí It’s time!  An employee needs to go.   The departure needs to be a clean break with no threat of future litigation.   A severance pay agreement, in exchange for a promise to never bring a claim against the company or speak ill of the company, looks like a good idea. … Continue Reading

There is a New EEOC “Sheriff” in Town!

Ver la versión en español aquí I recently attended a breakfast meeting with Michael Farrell, the new District Director for the Miami office of the U.S. Equal Employment Opportunity Commission. The Miami District Office has jurisdiction over the State of Florida (excluding a few counties in Florida’s Panhandle), as well as Puerto Rico and the … Continue Reading

Top Takeaways from Our 26th Annual Labor & Employment Law Seminar

Ver la versión en español aquí With over 400 attendees from more than 200 employers, our 26th Annual Labor & Employment Law Seminar was a huge success! Thank you for allowing us to keep you “on Track”. For the first time this year, following our morning sessions, attendees were able to choose from our “high-speed” track designed for … Continue Reading

When You Really Have to Go, Do You Ever Think About It?

Ver la versión en español aquí Transgender Status and the Bathroom Question With North Carolina recently passing a state law which requires a transgender person to use the restroom that matches their sex at birth, the question many Floridians are asking now is: If a person is transgender, or has a gender identity or expression different … Continue Reading

Same Pay for the Same Day? EEOC Wants to Take a Look

Ver la versión en español aquí Once in a while, everyone might feel like Bill Murray in “Groundhog Day”, wondering whether we are living the same day at work over and over again. A persistent question, though, is whether everyone is being paid lawfully for doing so.  Last Friday, seven years to the day that President … Continue Reading

Beer & French Fries – The Perfect Game Day Snack or Important HR Reminders?

Ver la versión en español aquí It may be 2015 but sexual harassment and religious discrimination are alive and well. Just ask the potato packers at Smokin’ Spuds, Inc. and the beer truckers at Star Transport. The EEOC just announced successful resolutions in cases against these companies. Perhaps more interesting than the spuds and the … Continue Reading

First Monday in October Promises Important Rulings in Employee Cases

Ver la versión en español aquí Walter Matthau and Jill Clayburgh were gifted actors.  But the new term of the Supreme Court, which opens today, promises to generate some drama of its own as well. Somewhat lost amid the understandable attention received by the historic same-sex marriage and Obamacare rulings last year were several important Supreme … Continue Reading

Who Needs Congress When We Have The EEOC?

Ver la versión en español aquí Legislative efforts have failed repeatedly at the federal level to add “sexual orientation” and “gender identity” to the list of protected classifications under anti-discrimination laws. That has not deterred the EEOC in its quest to protect the LGBT community from employment discrimination. On the heels of the Supreme Court’s … Continue Reading

OMG! Your Policy Says What?

Ver la versión en español aquí Title VII, through the Pregnancy Discrimination Act (PDA), has expressly prohibited pregnancy discrimination since 1978. Thirteen years later, the Supreme Court, in Johnson Controls, told us that even well-intentioned, but facially discriminatory, gender and pregnancy based employment policies — like Johnson Control’s policy of prohibiting fertile women from working … Continue Reading

EXTRA! EXTRA! Read All About It! New FMLA Forms are Here!

Ver la versión en español aquí I have good news for you! The U.S. Department of Labor has finally released revised notices and forms for use with employee leaves under the Family and Medical Leave Act.  More good news: the new docs have a new expiration date – May 31, 2018.   The revised notices/forms include … Continue Reading

EEOC Decides to Peel the “Onionhead” on Religious Discrimination

Ver la versión en español aquí Why would an employer force its employees to tell each other “I love you” or require employees to “thank God for their employment”? According to a lawsuit filed by the EEOC in New York federal court, the owners of United Health Programs of America and Cost Containment Group subscribe … Continue Reading

Gender Identity/Transgender Discrimination: A New Federal Enforcement Priority

Ver la versión en español aquí Title VII does not protect against sexual orientation discrimination (though many state and local laws do). The battle to amend this most prominent of employment laws to protect sexual orientation has been waged for years, unsuccessfully. Yet, seemingly overnight, issues of gender identity or transgender discrimination have leapfrogged to … Continue Reading
LexBlog