On February 1, the Equal Employment Opportunity Commission issued a proposal that would require employers with 100 or more employees to begin submitting compensation data with their annual EEO-1 reports....more
The Equal Employment Opportunity Commission has issued a sample “wellness notice” that employers can give to employees before they are asked to provide medical information in connection with wellness-related health risk...more
As I’ve previously reported, the Equal Employment Opportunity Commission has filed two lawsuits alleging that employers discriminated against employees based on sexual orientation, which the Commission says is prohibited by...more
Did you realize that the Equal Employment Opportunity Commission can sue you just for (allegedly) lousy recordkeeping?
No discrimination, no harassment, no retaliation — just (alleged) failure to keep adequate records....more
Just how much of a duty to conciliate does the Equal Employment Opportunity Commission have after the Supreme Court’s decision last year in Mach Mining?
Hardly any, it appears.
In Mach Mining, the Supreme Court decided...more
These will be really quick takes, since there are so many of them, on the proposed Enforcement Guidance on National Origin Discrimination issued this week by the Equal Employment Opportunity Commission. (The actual document...more
“Do this, don’t do that, can’t you read the rules . . .”*
Of course, the mega-topic this week was the U.S. Department of Labor’s Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards...more
5/20/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Electronic Filing ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OSHA ,
Wage and Hour ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury
On May 17, 2016, the Equal Employment Opportunity Commission issued its final rules on wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. The ADA rule applies to...more
The U.S. Equal Employment Opportunity Commission released today its final rules governing wellness programs and how wellness incentives mesh with the restrictions in the Americans with Disabilities Act and the Genetic...more
The Equal Employment Opportunity Commission came out this week with a fact sheet dealing with leaves of absence and the Americans with Disabilities Act. First, I say kudos to the EEOC for again providing good, readable,...more
The U.S. Department of Justice sent a letter yesterday to Gov. Pat McCrory, giving him until Monday, May 9, to “confirm” that he does not plan to enforce the “bathroom” provisions of HB 2 as they apply to public agencies. If...more
The Equal Employment Opportunity Commission has published a new Fact Sheet on LGBT discrimination that employers will find helpful. As I’ve reported before here and here, the agency is taking an aggressive position regarding...more
For the background on this situation, please see my post from Friday on HB 2. I spoke for almost an hour Friday evening with reporter Greg Lacour from Charlotte Magazine, and he asked me to go through his April 4 article “The...more
Argh! I was hoping not to have to talk about HB 2 again (North Carolina’s notorious “bathroom bill”), but there has been so much misinformation about what it did to wrongful discharge claims that I’ve just gotta....more
A panel of the U.S. Court of Appeals for the Eighth Circuit ruled this week that obesity is not a “disability” within the meaning of the Americans with Disabilities Act — even as amended in 2009 — unless the condition was...more
Many employers ask me: “Robin, what are your ‘best practices’ for workplace sexual harassment?” I’m glad you asked!
No. 1: Be sure that your policy on sexual harassment is boring and legalistic. The entire legal definition...more
Big news for employees and employers in North Carolina — the General Assembly enacted a bill on Wednesday (signed by Gov. Pat McCrory (R) within hours) that was primarily intended to preempt a certain high-profile municipal...more
A new pay equity study conducted by Dr. Andrew Chamberlain, Chief Economist for Glassdoor.com, has performed an invaluable service in taking the roughly 21-cent pay gap between men and women — the basis for new “comparable...more
If your employee isn’t a professional driver but spends a lot of time on the road, how “essential” a job function is driving for ADA purposes? Is driving “essential” at all?
In what I consider to be a very significant...more
The Equal Employment Opportunity Commission released a nice little “fact sheet” this week for small businesses, summarizing their obligations under the laws that the EEOC enforces. ...more
The Equal Employment Opportunity Commission filed today two lawsuits contending that employers’ alleged discrimination and harassment based on sexual orientation violates the Title VII ban on sex discrimination. One suit was...more
This is the final installment of my analysis of the EEOC’s recently issued proposed Enforcement Guidance on Retaliation and Related Issues. Here are Part One (“You gotta be protected!”) and Part Two (“Was your employment...more
The proposal was announced by President Obama in a White House ceremony last week celebrating the seventh anniversary of the Lilly Ledbetter Fair Pay Act.
The proposal could certainly have been worse. The EEOC would...more
What’s a “materially adverse employment action”? This is the second part in what should be a three-part series (it’s possible that we’ll need four) on the proposed Enforcement Guidance on Retaliation and Related Issues...more
On the seventh anniversary of President Obama's signing into law the Lilly Ledbetter Fair Pay Act, the President announced that not enough progress has been made to ensure that women and men are paid equally.
In a...more