Posts tagged Mr. Dithers.

Thanks to my law partner Jill Stricklin, who has this news about the EEOC's new pilot program. Jill is an employment litigator in Constangy's Winston-Salem Office and was also just named to the 2015 North Carolina Business Legal Elite for employment attorneys.

The EEOC began use of a new "Digital Charge" pilot program last Friday in the Charlotte, North Carolina, and San ...

Some employers really, really hate to fire employees. That doesn't mean they won't do it - but they'll do just about anything to avoid calling it what it is.

A few months ago, I wrote about "bogus RIFs" - when an employer tries to avoid "firing" an employee by claiming it's really a "reduction in force."

There's another kind of "alternative" separation called a constructive discharge.

As our readers know, the EEOC filed two lawsuits last fall against private employers, alleging discrimination against transgender individuals: one case against a medical practice in Florida, and the other against a funeral home operation in the Detroit area.

And as I reported last week, the Florida case settled for $150,000 plus some training and other non-monetary terms.

NOTE: As I breathlessly reported last week, the EEOC has issued its long-awaited proposed rule on employer wellness programs and the Americans with Disabilities Act. (Here is a nicer copy than the one that was available then.) Brian Magargle, who knows a lot more than I do about the Health Insurance Portability and Accountability Act and the Affordable Care Act, and I are ...

Law360 just reported that the EEOC has issued its long-awaited proposed rule on wellness programs and the Americans with Disabilities Act. The official version will be published Monday in the Federal Register.

I am out today and tomorrow to present some seminars, but I will have a full post on this as soon as I've had a chance to review. Meanwhile, here is a sneak peek of the proposed ...

Last September, I posted that the EEOC had filed its first two lawsuits against private employers alleging discrimination based on gender identity.

The EEOC announced this week that one of the lawsuits -- against Lakeland Eye Clinic of Florida -- has settled. The Clinic has agreed to make two payments of $75,000 to Brandi Branson, who had been the Clinic's Director of Hearing Services ...

What do employers need to know about the Supreme Court's pregnancy accommodation decision last week in Young v. United Parcel Service?

For the "somewhat-scholarly" version (also known as the "tl:dr"* version), go here.

*"Too long; didn't read"

For the "one minute 14 second" version, go here.

But for the "just right" version, stay where you are for some FAQs, Goldilocks!

So, now ...

The EEOC's much-awaited proposed rule on employer wellness programs, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act may finally be on its way. According to Law360, a proposed rule has been approved 4-1 by the Commission, and is being reviewed by the Office of Management and Budget as we speak.

Once approved by the OMB, the proposed rule will ...

I was disappointed earlier this week to see a consultant quoted in an otherwise good article in the Wall Street Journal -- "Employee Theft Often Leads Small Firms to Make Bad Choices" -- as advising the "bogus RIF" strategy with employees who are suspected of theft.

Talk about bad choices!

What's the "bogus RIF" strategy? That's when you're really firing an employee but don't want to ...

Last October, I posted about a consent decree entered into between Wal-Mart and the Equal Employment Opportunity Commission, in which Wal-Mart agreed to pay $72,500 to candidate for a store job in Maryland whose offer was withdrawn because she couldn’t undergo a urine test for drugs.

The candidate had end-stage renal disease.

Now, Kmart has been hit, too, in a case involving almost ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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