Blog: EEOC

 

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Discrimination Claim Over Hiring Process Settled

Posted on August 31, 2015 by
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Target Corporation has agreed to pay $2.8 million to settle charges filed by the Equal Employment Opportunity Commission (EEOC) alleging that the hiring process used for certain professional positions disproportionately screened out applicants based on race and gender.  Target Corporation paid this settlement without admitting liability based upon a claim by the EEOC that it […]

Accommodating Religious Practices – Use Your “Best Guess”

Posted on June 3, 2015 by
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The United States Supreme Court, in the recent Abercrombie & Fitch decision, has said employers must use their best guess to determine whether or not an employee (or applicant) wants or needs an accommodation for a legitimate religious belief.  In this decision, the Supreme Court held that the clothing company violated the religious discrimination law […]

Pregnancy Discrimination Law May Leave Some Employers Feeling Like a Babe in The Woods

Posted on May 5, 2015 by
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Running a business is, undeniably, a daunting task. On top of the challenge of running a business, today’s employers are also responsible for staying current with the latest and greatest legal developments impacting their workplaces. One area of increased emphasis for enforcement agencies like the EEOC, and plaintiffs’ attorneys as well, is pregnancy discrimination. Employers […]

Sex Discrimination of All Types Will Be Enforced

Posted on May 5, 2015 by
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The Equal Opportunity Employment Commission has filed a complaint against two different companies alleging discrimination against individuals because of their actions to change gender and allegations the employee was terminated because of such conduct. These are the first cases brought by the EEOC since it took the position in 2012 that transgender discrimination is prohibited […]

New Year Present from EEOC – Review of Wellness Programs

Posted on May 5, 2015 by
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As we think about Christmas presents, the EEOC recently announced its initiatives for the next year. One of those initiatives will be a review of wellness programs and the incentives that an employer provides to employees to participate in a wellness program. The EEOC is trying to coordinate the requirements of the Affordable Care Act […]

Working at Home May Not be a Reasonable Accommodation

Posted on May 4, 2015 by
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In May 2014, I wrote a blog indicating a federal court of appeals decision suggested that a permanent assignment to working at home may be a reasonable accommodation for an employee suffering from a disability.  Another federal court of appeals, the Seventh Circuit Court of Appeals (which covers Wisconsin), has taken a different view of […]

EEOC Gains Upper Hand in Biometric Time Clock Religious Discrimination Case

Posted on May 1, 2015 by
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Let’s face it, not all employees are saints—unfortunately, there will always be that one employee who brazenly decides to color outside of the lines. Recently, several clients have asked me for my opinion about biometric time clocks – in response to “buddy punching,” or falsification of time-cards and other electronic time-management records.  Biometric time clocks […]

Employer’s Failure to Accommodate Needle Phobia Leads to 2.6 Million Dollar ADA Verdict

Posted on May 1, 2015 by
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Last week, a federal jury in an Americans with Disabilities Act case entered a 2.6 million dollar plaintiff’s verdict in favor of a former Rite Aid Corporation pharmacist who Rite Aid allegedly discharged in response to his inability to administer flu shots. According to court records, the former Rite Aid pharmacist suffered from trypanophobia, which […]

Retaliation Claims are at the Top

Posted on April 29, 2015 by
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A recent report issued by the Equal Employment Opportunity Commission shows that retaliation claims are the largest number of claims that are brought to the EEOC for consideration. Sex discrimination claims rank second and disability discrimination claims rank third, but for the second year, retaliation claims are the most prevalent claims that are brought to […]

Court Decision Leaves Bad Taste in Mouth of Restaurant Company: Found Liable for Predecessor Company’s Workplace Retaliation

Posted on April 29, 2015 by
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We’ve all heard of the concept of “paying for the sins of our ancestors.” Well, in that same vein, the federal Seventh Circuit Court of Appeals [which presides over Wisconsin employers] recently concluded that a Wisconsin restaurant company is liable for its predecessor’s past act of workplace reprisal, in response to an employee’s complaint concerning […]