Tag Archives: EEOC

With Hiring on the Rise, Employers Should Review and Update Old Job Applications

Ver la versión en español aquí Earlier this month, the U.S. Bureau of Labor Statistics reported that the unemployment rate dropped to 5.9 percent, the lowest it’s been since July 2008, and employers added 248,000 new jobs to their payrolls. Given the uptick in hiring, it is a good time for employers to review their … Continue Reading

Mandatory Arbitration Agreement Designed to Avoid Court is Now the Source of an EEOC Lawsuit

Ver la versión en español aquí Mandatory arbitration agreements can reduce litigation. However, for at least one large employer, the arbitration agreement itself has created litigation. Last week, the EEOC sued restaurant franchise operator, Doherty Enterprises, Inc. claiming that the company’s practice of requiring employees to sign a mandatory arbitration agreement violates Title VII. Doherty … Continue Reading

Religious Discrimination: The Balance Between Protecting Customer Relations and Making Employee Accommodations

Ver la versión en español aquí A bank teller in Kentucky recently sued her employer claiming that she was fired from her job for telling every customer she met to “have a blessed day.” She was just being polite, right? Well, the bank alleges that several customers were offended by the teller’s comment. The teller also … Continue Reading

Encore Performances from Our Annual Labor & Employment Law Seminar to Start in the Fall

Ver la versión en español aquí May 1, 2014, was not a typical day in the office for us. We left our offices from across the state and headed to the Trump National Doral Hotel to join over 380 attendees at our 24th Annual Labor and Employment Law Seminar. Thanks to all the private and public … Continue Reading

EEOC Shines Spotlight on Employers’ Dress Code Policies That Interfere With Religious Practices

Three cases brought by the Equal Employment Opportunity Commission (“EEOC”) highlight the importance of employers considering religious accommodations for their dress code policies.  Pursuant to the law, a religious accommodation must be made as long as it does not impose an undue hardship to the employer. Two of the cases brought by the EEOC are … Continue Reading

Hand Scanning and Religious Discrimination

While we would never disparage anyone’s sincerely held religious beliefs, we did not see this one coming.  The Equal Employment Opportunity Commission (EEOC) recently filed suit in federal court in West Virginia claiming that the use of a hand scanning time clock violated an employee’s rights under Title VII of the Civil Rights Act of … Continue Reading

Reminder: The Deadline to File Your EEO-1 Report is Just Around the Corner

The next filing deadline for EEO-1 Reports is Monday, September 20, 2013.  The “EEO-1 Report” is the Employer Information Report that certain employers are required to annually file with the U.S. Equal Employment Opportunity Commission (EEOC). The form asks the employer to provide a count of its current employees by job category and then by … Continue Reading

Fifth Circuit Reverses Trial Court and Says Title VII Covers Lactating Moms

A little over a year ago we blogged about a Texas federal trial court ruling that Title VII did not cover lactation in the case EEOC v. Houston Funding II, Ltd..  Click here for link to post.  Now, the Fifth Circuit Court of Appeals, which has jurisdiction over Texas, has reversed the trial court and … Continue Reading

EEOC Focuses on Plethora of Legal Issues Raised by Employer-Sponsored Wellness Programs

On May 8, 2013, the U.S. Equal Employment Opportunity Commission (EEOC) held a meeting with representatives from employers, advocacy groups and insurance providers to discuss issues raised by employee-sponsored wellness programs in the context of the Americans With Disabilities Act and Genetic Information Non-Discrimination Act as well as age, national origin, race and sex discrimination. … Continue Reading

EEOC Updates Enforcement Guidance on Use of Arrest and Conviction Records in Employment Decisions

The Equal Employment Opportunity Commission (“EEOC”) issued updated enforcement guidance in light of recent court decisions on the use of arrest and conviction records in making employment decisions.  The EEOC Enforcement Guidance can be found here.  The guidance is not binding on employers but the EEOC will be enforcing Title VII with the guidance in … Continue Reading

EEOC Says Transgender Workers Are Protected from Discrimination Under Title VII

As we blogged about in December, the federal Eleventh Circuit Court of Appeals (which covers Florida, Georgia and Alabama) recently found that transgender employees are protected against job discrimination pursuant to the Equal Protection Clause, which only applies to public sector employees.  Whether or not the same protection was available under Title VII, which applies … Continue Reading

Texas Court Says Title VII Does Not Cover Breastfeeding, but Employers Should Be Mindful of Florida Law and the FLSA Protecting Nursing Mothers

A federal court in Texas recently rejected the Equal Employment Opportunity Commission’s attempt to bring a Title VII claim on behalf of a worker who claimed she was fired because she wanted to breastfeed at work. Title VII prohibits employers from discriminating on the basis of gender, pregnancy, childbirth, and related medical conditions. The Texas … Continue Reading

Halloween Horrors for Employers

Are you allowing your employees to dress up as ghosts, goblins and ghouls this Halloween?  Celebrating Halloween in the workplace is a “treat” but employers should be aware of the risks.  Here are some “real life” workplace horror stories: Religious Discrimination: The Equal Employment Opportunity Commission (“EEOC”) sued a company for firing an employee, who … Continue Reading

Is Being “Gun Shy” About Providing a Urine Sample an ADA Disability?: EEOC Opinion Letter Illustrates the Breadth of the ADA Amendments

Ever have stage fright when having to urinate in a public toilet?  Can’t offer a sample for that employment-related drug test?  The Americans with Disabilities Act (ADA) may protect such a condition and require the employer to offer a reasonable accommodation.   The Equal Employment Opportunity Commission (EEOC or Commission) recently issued an Opinion Letter on … Continue Reading

Obama’s Proposed Jobs Bill Makes it Unlawful to Consider an Applicant’s Status as Unemployed

On September 8, 2011, President Obama presented to Congress the “American Jobs Act.”  Buried in the proposed bill is a section called the “Fair Employment Opportunity Act of 2011,” making it unlawful for employers with 15 or more employees and employment agencies to discriminate against job applicants based on their status as unemployed. If passed, the … Continue Reading

Changes to the Fair Credit Reporting Act Take Effect July 21

The Fair Credit Reporting Act (FCRA), the federal statute that places limits on an employer’s ability to use background checks on employees and potential hires, will soon add a new requirement.  Employers’ use of background checks, and credit history checks in particular, has come under scrutiny.  The Equal Employment Opportunity Commission has pursued disparate impact … Continue Reading
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