Who's been naughty and who's been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments.
NAUGHTY!
The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to legally follow ...
As an employer, what do you do when one of your employees reports being sexually harassed by a vendor?
Easy, right? You call the vendor's boss and say, "If you want to continue doing business with us, then you will not send this person back to our company." The vendor wants your business, so her answer is, "Sir, yes sir! Anything you say, sir! We appreciate your business! Thank you for ...
Boy, the Detroit area seems to be in the front lines for the gender-identity wars.
As I've previously reported here, here, here, and here, the Equal Employment Opportunity Commission has a high-profile gender-stereotyping lawsuit going on against an area funeral home chain based on its discharge of a transgender employee. The funeral home is represented by the Alliance Defending ...
The U.S. Supreme Court agreed last Friday to review a decision from the U.S. Court of Appeals for the Eighth Circuit, which vacated a multi-million attorneys' fee award for trucking company CRST Van Expedited, Inc. The Equal Employment Opportunity Commission initially sued CRST on behalf of roughly 270 women who were allegedly sexually harassed in their driver training. (That ...
Gee, Ma, this is swell!
The Equal Employment Opportunity Commission came out this week with some guidance about the rights of individuals with AIDS and HIV. The guidance is unremarkable for anyone who is familiar with the Americans with Disabilities Act, although it never hurts to get a refresher, and in any event it's aimed at employees, not employers.
But what is really great ...
UPDATE (Dec. 7, 2015): The EEOC has extended the comment period on its proposed GINA-wellness rule by 30 days. The new comment deadline is January 28, 2016.
Earlier this month, I had a relatively short post on the proposed rule on wellness incentives and the Genetic Information Nondiscrimination Act issued by the Equal Employment Opportunity Commission. I also promised a more ...
Bloomberg BNA reports that the Equal Employment Opportunity Commission had a good year in FY 2015, which ended September 30. The agency collected more than $526 million in relief in all types of cases, involving federal as well as private-sector employees. If you have the ambition to read all 106 pages of the agency's report, please be my guest.
For the rest of us, here are some ...
I just learned today that earlier this week, Jacqueline Berrien, the first Chair of the Equal Employment Opportunity Commission appointed by President Obama, died of cancer at the age of 53.
Ms. Berrien stepped down from the EEOC in 2014. The agency's current Chair is Jenny Yang.
I did not always agree with Ms. Berrien, and I've given her what I hope she took as some good-natured ...
Last week, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. In April, the EEOC issued a proposed rule on employer wellness programs and the Americans with Disabilities Act.
No. 1. It's all about the spouse. The GINA proposal focuses primarily on the ability of an employer to provide ...
Yesterday, the Equal Employment Opportunity Commission issued a proposed rule on wellness programs and the Genetic Information Non-Discrimination Act. Here is the proposed rule, and here is the EEOC's press release. A few months ago, the agency issued a proposed rule on wellness programs and the Americans with Disabilities Act, which I discussed here.
According to the EEOC press ...
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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