Employees bringing claims under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act must exhaust their administrative remedies with the EEOC prior to filing suit against an employer. These administrative remedies include timely filing charge of discrimination, obtaining a right to sue letter and timely
EEOC Updates ADA Pandemic Guidance for COVID-19
The EEOC updated its employer guidance for handling common employment issues that arise during pandemics to specifically address issues related to COVID-19. The new guidance provide useful answers to many frequently asked questions employers have during this difficult time including:
- How much information may an employer request from an employee who calls in sick, in
Court Rejects EEOC Argument that Employer Must Provide Disabled Employee Competition-Free Reassignment to Vacant Position as Reasonable Accommodation
Since Congress amended the Americans with Disabilities Act revising the definition of “disability” and greatly expanding the number of individuals who are “disabled” and therefore entitled to reasonable accommodation, employers spend large amounts of time engaging in the interactive process to determine whether there are reasonable accommodations that will enable otherwise qualified individuals to perform
EEOC to Target Companies Using Non-traditional Working Relationships
Yesterday, the EEOC published its four-year Strategic Enforcement Plan for fiscal years 2017 through 2021. The Plan is the Commission’s list of areas of priority where it intends to focus its resources in the next four years. The purpose of the Plan is to identify those areas the Commission believes are likely to have a
EEOC Publishes Resource on Employer-Provided Leave and the Americans with Disabilities Act
This week the EEOC published a resource document intended to provide guidance on providing disabled employees with leave of absence as a reasonable accommodation.
According to the Commission,
[It] continues to receive charges indicating that some employers may be unaware of Commission positions about leave and the ADA. For example, some employers may not know
Adrian Peterson Situation Spotlights Dilemma Employers Face Frequently.
Our family has a fantasy football league and my 13 year old son Benjamin drafted Adrian Peterson in the pre-season draft. Earlier this week when the Minnesota Vikings activated Peterson to play this weekend, Benjamin was faced with a decision many employers have to make; whether to allow an employee who has been charged, but not
EEOC Issues New Enforcement Guidance on Reasonable Accommodation of Pregnant Employees
Several weeks ago, I wrote that the Supreme Court’s decision to grant certiorari in Young v. UPS (the case about an employer’s reasonable accommodation obligation to pregnant employees under the PDA) might end up signaling the end of light duty policies that limited light duty availability to employees with worker’s compensation injuries or illnesses. (post here).
Today, the EEOC issued
EEOC Charge Filings Hit Record Number for FY 2010
If you have not experienced it already, the EEOC is very active under the Obama administration. Proof of this heightened activity is evident in the most recent statistics released by the EEOC for the fiscal year ending September 20, 2011.
Here is a summary of some of the highlights from the EEOC FY 2010 statistics (the Commission’s
Federal EEO-1 Survey Due Next Week: Are You Ready?
Next week is the deadline for all covered employers (i.e., those subject to Title VII and with 100 or more employees; or first tier or prime federal contractors with 50 or more employees or more than $50,000 in federal contracts) to file their federal EEO-1 surveys. The EEOC has a FAQ page if you are new to or unfamiliar
The EEOC Wants You to Consider Hiring this Guy.
The EEOC is reviewing whether the use of arrest and criminal conviction information acts as a hiring barrier and whether employers should be precluded from asking about criminal convictions. The EEOC publicized the meeting in a press release titled Striking a Balance Between Workplace Fairness and Workplace Safety. Particularly troubling about this hearing is the fact that