Last week, the Equal Employment Opportunity Commission filed suit against Wisconsin-based Orion Energy Systems, Inc., over its wellness program and its treatment of ex-employee Wendy Schobert, who was not a fan of the program. The lawsuit contends that the program's health risk assessment is an unlawful "medical examination" and that the company retaliated against Ms. Schobert ...

You can't fix stupid.

https://www.youtube.com/watch?v=CosD7h2703o

Homo sapiens is fired for teaching about homophones (and his sister is a known thespian rumored to have dramaturgical aspirations). A teacher at a private language school in Utah says that he was fired by the director for posting about homophones on an educational blog, which the director allegedly believed was ...

Hallelujah! The Equal Employment Opportunity Commission announced this week that it plans to issue guidance on employers' ability to offer incentives to employees based on their participation in wellness programs, or whether they provide information in response to health risk assessments.

I've blogged about this issue in the past -- here, here, here, and here. There is at least a ...

DEAR READERS: Because of the Easter holiday, this will be my "Friday" blog post. I'll be back to my regular schedule next week.

UPDATE (7/3/14): The EEOC and Walgreens have settled their case for $180,000. Read all about it here. 

The Equal Employment Opportunity Commission is going to get a jury trial against Walgreens in a disability discrimination case that turns on (allegedly ...

I hope everyone had a happy holiday season. Now that we are into the nasty, brutish and short days of January (and especially for our friends suffering through Winter Storm Hercules), I will try to warm things up with a couple of weird-but-instructive sexual harassment cases.

The weather outside is frightful, but the fire's so delightful!

Our first case involves a type of harassment ...

How much do you really know about employment medical examinations and the law? Let's find out!

1.      Assuming the results are not used in a way that violates the law, it is legal under the Americans with Disabilities Act to require a post-offer medical examination IF

A. The examination is job-related and consistent with business necessity.

B. The examination is narrowly tailored to ...

After having expressed concern (here and here) that penalizing employees for not participating in "voluntary" wellness programs may render the programs . . . er . . . involuntary*, my view was somewhat vindicated this week by Rep. Louise M. Slaughter (D-NY) in a letter that Rep. Slaughter sent to the Equal Employment Opportunity Commission.

*Under the Americans with Disabilities Act ...

Here's a little Friday quiz for you -- no grading, and answers appear below -- on the subject of retaliation.

After you take the quiz, stay tuned for the story that inspired me to write about this.

RETALIATION QUIZ

1. Approximately how many labor and employment laws have anti-retaliation provisions?

A. All of them

B. Three - Title VII, the Americans with Disabilities Act, and the Age ...

If you fire an employee for an indefensible reason, chances are you will get a charge or a lawsuit out of it, even if the indefensible reason was legal. That's HR/Legal 101. (In other words, don't believe that "employment at will" propaganda.)

If you realize your reason wasn't too good and therefore "improve" it a little after the fact, that just makes things worse. If you "improve" it ...

How much do you really know about the Genetic Information Nondiscrimination Act? Here's a quick quiz:

Which of the following is an unlawful request for "genetic information"?

1. "Our company requires a post-offer, pre-employment medical examination that includes a complete genotype. We will need to verify that you have all 46 chromosomes but no extras. And any mutations will ...