HDR thirdshift
Mar
18

EEOC loosens employer medical examination guidance for COVID-19 outbreak

In a little-noticed posting on its website, the Equal Employment Opportunity Commission (EEOC) this week provided some relief to employers from their ordinary obligations to avoid activities that might constitute a "medical test." Typically, employers in the United States covered by the Americans with Disabilities Act (ADA) are required to refrain from conducting "medical examinations" of their employees except under certain limits set out in ADA regulations. Some of these exceptions include—

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Jul
05

Historic settlement of sexual orientation discrimination lawsuit

On June 28, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it had settled one of its first lawsuits alleging sexual orientation discrimination. The settlement—in the form of a consent decree—requires Pallet Companies, doing business as IFCO Systems (IFCO), to pay $202,200 in addition to a number of nonmonetary requirements. This landmark decree comes less than a year after the EEOC first concluded that discrimination on the basis of an employee’s sexual orientation amounted to sex discrimination.

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© 2016

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Jun
29

Asking about family medical history costs employer over $300,000

I know, I know. I’ve already blogged about this subject—about how employers shouldn’t be asking about family medical history. But the Equal Employment Opportunity Commission (EEOC) has once again charged an employer with violating the Genetic Information Nondiscrimination Act (GINA). And the employer also asked questions about the disabilities of applicants in violation of the Americans With Disabilities Act (ADA).

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© 2106

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Oct
26

Pregnancy discrimination remains part of EEOC’s focus

As the summer drew to a close, the EEOC continued to aggressively pursue claims of pregnancy discrimination, filing a total of eight lawsuits involving pregnancy-related discrimination in the month of September alone. These cases range from New Mexico to Georgia and include a wide variety of employers from a commercial moving company to a temporary staffing agency to a home healthcare provider. Despite these differences, however, a common thread throughout the cases is the consistent “no tolerance” position of the EEOC related to pregnancy discrimination. This policy prohibits discrimination based on (a) current pregnancies, (b) past pregnancies, (c) potential or intended pregnancies, and (d) medical conditions related to pregnancy or childbirth.

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© 2015

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Jul
27

EEOC brings sexual orientation claims under umbrella of Title VII

In a recent decision about an appeal from the U.S. Department of Transportation, the Equal Employment Opportunity Commission (EEOC) left no question it views sexual orientation discrimination as falling within the protections of Title VII of the Civil Rights Act of 1964. The EEOC stated its intent to treat all sexual orientation discrimination as sex discrimination, actionable under Title VII.

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© 2015

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