Posted on November 30, 2017 by Ruder Ware Alumni
Blog
There has been a lot of discussion lately about “ageism” in the workplace. People are wondering what this means and what type of steps need to be taken by an employer to avoid age discrimination complaints. Ageism is the key word being used today to describe attitudes and behaviors in the workplace that reflect negatively […]
Posted on October 6, 2017 by Ruder Ware Alumni
Blog
Recent action by the Equal Employment Opportunity Commission has raised the specter of whether transgender persons are considered protected under the federal discrimination laws. The EEOC has sued a company in Denver that allegedly discriminated against a transgender man who applied for a position as manager. This case addresses the question whether a transgender person […]
Posted on January 3, 2017 by Ruder Ware Alumni
Blog
Immigration law is said to be the next major debate in both state legislatures and Congress. While that debate will focus on the rights of immigrants to gain legal status in our country, employers can anticipate many new issues arising under national origin discrimination. I wrote about this topic several weeks ago, but now see […]
Posted on December 20, 2016 by Ruder Ware Alumni
Blog
I have written over the year regarding disability discrimination and the notion that an employer can be subject to a discrimination complaint under both state and federal law if the employer “perceives” an individual to be disabled and unable to perform the duties of his/her position. I often wonder if the public “perceives” Santa Claus […]
Posted on December 9, 2016 by Ruder Ware Alumni
Blog
I have always struggled with the notion of “perceived” discrimination and whether an employer has actually discriminated against an employee because they perceive the employee to be disabled or of a different national origin or something else. The EEOC recently issued updated Enforcement Guidance on national origin discrimination and concluded that national origin discrimination includes […]
Posted on September 20, 2016 by Ruder Ware Alumni
Blog
Several recent decisions have opened the door to further scrutiny regarding discrimination and the basis for a finding of discriminatory conduct by an employer. These decisions continue to show the volatility of discrimination claims and determinations of whether or not an employee can claim discrimination based on company actions. In one court decision, it was […]
Posted on April 14, 2016 by Ruder Ware Alumni
Blog
A recent decision from the 8th Circuit Court of Appeals addressed whether obesity automatically qualifies as a disability under the Americans with Disabilities Act. In a decision filed by an applicant for employment who was ultimately denied employment because of his severe weight and body mass index, the Court of Appeals held that obesity (in […]
Posted on January 29, 2016 by Ruder Ware Alumni
Blog
On January 21, 2016, the EEOC issued its Proposed Enforcement Guidance on Retaliation and Related Issues which is to be used as a reference for staff investigators on charges alleging retaliation and other related issues. The stated purpose of the guidance is to replace the EEOC’s 1998 Compliance Manual on Retaliation. While much of the […]
Posted on January 7, 2016 by Ruder Ware Alumni
Blog
A federal judge for the U.S. District Court for the Western District of Wisconsin has dismissed a claim by the Equal Employment Opportunity Commission (“EEOC”) that a company’s wellness program violates the American’s with Disabilities Act (“ADA”). The company, which has a manufacturing facility in Baraboo, Wisconsin, offered to its employees the ability to participate […]
Posted on October 20, 2015 by Ruder Ware Alumni
Blog
A recent news article reported that a trucking company has settled an age and sex discrimination charge filed by the Equal Employment Opportunity Commission over a strength exam that it used when hiring drivers for its business. The EEOC claimed that the strength test mandated by the company for truck driver applicants supported a claim […]