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 ...

Is your company an EEOC target?

I've written before about the Strategic Enforcement Plan of the Equal Employment Opportunity Commission, which was officially adopted last December, and the Commission's priorities. Last week, EEOC Commissioner Victoria Lipnic spoke about the Plan in more detail at legal compliance symposium.

Commissioner Lipnic is a Republican who used to ...

Is obesity a "disability" entitled to protection under the Americans with Disabilities Act?

As our nation allegedly gets more zaftig this question could take on enormous significance.

(By the way, did you know that Marilyn Monroe really was not a size 14 but smaller than a size 2? It's a fact! I am so disappointed. I loved the idea of a size-14 sex symbol.)

"Obesity" is medically defined ...

I apologize for the late posting. Our blog server was having severe difficulties on Friday.

Four out of five doctors* agree: work-life balance is the most, to say the least.

*Made-up statistic.

Seriously, it is. Studies have shown that employees who have lives outside of work are healthier and more productive than those who don't. They are also more satisfied with their jobs and stay on ...

Fellow blogger Jon Hyman, among others, has already written an eloquent critique of the latest report from the Office of the General Counsel of the National Labor Relations Board on social media and protected concerted activity, and Dan Schwartz has a good roundup of what labor lawyers are saying about it (and also a call for employers not to overreact). If you haven't read Jon and Dan, you ...