A federal court’s ruling last week striking down the Equal Employment Opportunity Commission’s guidelines on gender identity and sexual orientation harassment in the workplace got the attention of employers around the...more
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employment discrimination and retaliation based on an employee’s military status or obligations. If an individual’s military status or their...more
Employers are understandably reluctant to allow employees with medical restrictions to resume working. A concern that returning the employee to work risks worsening their condition causes some employers to require a “complete...more
A large convenience store chain recently learned about the Equal Employment Opportunity Commission’s intention to challenge how employers use arrest and conviction records to make hiring decisions....more
Many factors come into play when employers set work hours for employees, including such things as operational requirements or customers’ needs. On occasion, though, employees may request that their employers modify their work...more
Do you have any idea how long I have waited for the chance to use the term “meatheads” in the title of an article? Thanks to the Equal Employment Opportunity Commission, I now have that opportunity....more
On October 19, the Equal Employment Opportunity Commission released a new federal employment law poster entitled “Know Your Rights“.
The new poster replaces the current “EEO is the Law” version, and it should be posted in...more
When acquiring a business, companies sometimes unwittingly buy an employment lawsuit. Recently, the 10th Circuit – the federal appeals court that applies to Oklahoma employers – explained when a successor business can be held...more
Recent days have brought encouraging news about the development of COVID-19 vaccines. The prospect of vaccines being available in early 2021 has caused employers to begin considering whether they will require employees to...more
11/20/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Religious Discrimination ,
Title VII ,
Undue Hardship ,
Vaccinations ,
Workplace Safety
An Oklahoma refinery employee who was terminated after testing positive for amphetamines tried to get his job back by claiming that over-the-counter medication led to a false test result. He also argued the employer’s testing...more
Courts around the country are split on the question of whether Title VII of the Civil Rights Act protects individuals against discrimination based on sexual orientation. A recent Arizona federal court recognized the ability...more
8/6/2019
/ Civil Rights Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hostile Environment ,
LGBTQ ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
For some time, employers with 100 or more employees or federal contractors with 50 or more employees have been required to file EEO-1 Employer Information Reports each year. These companies have been required to annually...more
5/14/2019
/ Annual Reports ,
Data Collection ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Filing Deadlines ,
OMB ,
Pay Data ,
Reporting Requirements ,
Wage and Hour
Employee accusations of retaliation are some of the most dangerous claims to be levelled against employers. A recent appeals court decision that applies to Oklahoma employers holds that retaliation claimants must satisfy a...more
Despite everything we’ve heard about deregulation, federal employment agencies ramped up their activity during 2018. And according to early indications, employers should expect the same trend in 2019. Here are a few examples....more
12/17/2018
/ Arrest ,
Audits ,
Deregulation ,
Employer Liability Issues ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Employment Agencies ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
OSHA ,
Raids ,
Undocumented Immigrants ,
Workplace Investigations
The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to qualified individuals with a disability, unless doing so would trigger significant operational difficulties and/or expenses...more
The courts, the Department of Justice, and the Equal Employment Opportunity Commission hold differing views on whether Title VII prohibits employment discrimination on the basis of sexual orientation or sexual identity....more
11/22/2017
/ Corporate Counsel ,
Damages ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Jury Verdicts ,
Professors ,
Remedies ,
Retaliation ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Tenure ,
Transgender ,
Universities ,
Wrongful Termination
Just two weeks into the new administration, and we’re starting to get a sense of what changes may be looming for employers.
At the forefront are President Trump’s picks to lead the nation’s federal employment agencies....more
2/6/2017
/ Equal Employment Opportunity Commission (EEOC) ,
LGBTQ ,
Minimum Salary ,
Minimum Wage ,
NLRB ,
Over-Time ,
Pay Equity Laws ,
Presidential Nominations ,
Regulatory Freeze ,
Secretary of Labor ,
Trump Administration
Last summer the Occupational Safety and Health Administration (OSHA) released its “Best Practices: A Guide to Restroom Access for Transgender Workers.” In a nutshell, the OSHA publication stated that transgender employees...more
Once the Equal Employment Opportunity Commission (EEOC) receives a discrimination complaint from a current or former employee, the Commission begins gathering information about their allegations of discriminatory treatment....more
Last week, the Equal Employment Opportunity Commission filed two lawsuits charging employers with discriminating against employees based upon their sexual orientation. In a Pennsylvania federal court, the EEOC claimed Scott...more
The Equal Employment Opportunity Commission (EEOC) has forwarded to you a charge of discrimination filed by a former employee complaining they were fired by your company based on their race. In addition to the charge of...more
Employers often ask how long they should keep the applications of unsuccessful applicants. Based on the Equal Employment Opportunity Commission’s recent enforcement actions, it’s important to know the right answer to that...more
Wellness programs in the workplace -
Increasingly, employers are putting in place wellness programs aimed at promoting healthier lifestyles and preventing disease among the workforce. Often they are offered in...more
The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability. The ADA also requires employers to reasonably accommodate disabled individuals who are qualified for a position....more
In 2014, the government’s employment agencies were aggressive and active in terms of investigations and lawsuits. Employers should expect this to continue in the new year and pay particular attention to the...more