Archive for the ‘EEOC’ Category

Without creating any direct new record-keeping requirements for the Genetic Information Nondisclosure Act (GINA), the Equal Employment Opportunity Commission (OSHA) has issued a final rule to fold GINA record-keeping and reporting into Title VII of the Civil Rights Act of 1964. The EEOC moved to issue its final rule when it received no adverse public [...]

The Equal Employment Opportunity Commission (EEOC) received 36,344 retaliation complaints in fiscal year 2011, an increase of three percent from the year prior, making them the largest single block of filings. In all, the EEOC fielded 99,947 discrimination complaints, a slight increase from the previous year's 99,922. Fiscal year 2011 ended Sept. 30. Through its [...]

The Equal Employment Opportunity Commission (EEOC) is seeking commentary on its proposed Fiscal Year 2012-2016 Strategic Plan. The draft plan envisions three strategic goals: 1) "to combat employment discrimination through strategic law enforcement"; 2) "to prevent employment discrimination through education and outreach" and by establishing community partnerships; and 3) "to ensure that the EEOC delivers [...]

The Supreme Court has ruled that the First Amendment shields religious organizations from federal anti-discrimination employment laws and also allows religious groups to define employees as ministers as they see fit. The ruling stems from a case being fought by the Equal Employment Opportunity Commission (EEOC) on behalf of a teacher who was fired from [...]

In two recent cases, the Equal Employment Opportunity Commission (EEOC) has run paid advertisements in local newspapers to inform employees of ongoing investigations and asking them to come forth with their grievances. One such case is against the Texas Roadhouse, and the other is against Bass Pro Shops. In the latter case involving alleged employment [...]

As part of the Veterans Opportunity to Work (VOW) Act signed Nov. 21 by President Obama, the Uniformed Services Employment and Reemployment Act (USERRA) has been amended to provide protection against harassment for service members in their civilian jobs. Prior to VOW, courts had found it unclear if USERRA offered harassment (hostile work environment) protection [...]

Businesses often and routinely require job applicants to possess a high school diploma for certain positions, but a Dec. 2 opinion letter from the Equal Employment Opportunity Commission (EEOC) indicates that this requirement may be in violation of the Americans with Disabilities Act (ADA). The reasoning behind this, according to the author, EEOC attorney-advisor Aaron [...]

Human resource and employment law professionals are urging businesses to review their employee handbooks for the upcoming year in light of several changes in the field of social media policy over the past 12 months. As many of you know, the National Labor Relations Board—in addition to mandating a new Employee Rights Poster—has clarified what [...]

The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contractor Compliance Programs (OFCCP) have signed a new memorandum of understanding (MOU) to settle jurisdictional issues that arise when overlapping discrimination claims are filed. Generally, this occurs when the discrimination charge reported to the OFCCP involves violations of Title VII of the Civil Rights [...]

The Equal Employment Opportunity Commission (EEOC) reports that it recovered a record $365 million for victims of workplace discrimination in fiscal 2011 through administrative enforcement. In FY 2011, the EEOC claims it produced historic levels in its year-end results. Most notably, the pending inventory of private sector charges was reduced by more than 8,000 charges [...]