RSS icon

Top Stories

Discrimination and EEOC Compliance

Time Off for Religious Holidays

September 25, 2014
Comments (0)
Title VII requires an employer to reasonably accommodate an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement, unless doing so would pose an undue hardship.
Read More

EEOC Should Do as it Does, Not as it Says

September 24, 2014
Comments (0)
If the EEOC has policies that screen-out certain felons, then the EEOC should not publish enforcement guidance that limits this practice, and should not pursue litigation that challenges this practice.
Read More

Don't Try to Regulate Employee Off-Duty Alcohol Consumption

September 23, 2014
Comments (0)
Test randomly and test for cause. There is no need to regulate employees’ off-duty lives by requiring abstinence.
Read More

How to Draft a Legal Retaliatory Waiver of EEOC Rights

September 22, 2014
Comments (0)
The proper way to draft an arbitration agreement, or other agreement that waives certain rights or remedies, is to carve out EEOC charges.
Read More

Implicit Bias, Explicit Results

September 19, 2014
Comments (0)
A single one-time dose of learning may raise awareness about bias, but it won’t permanently change habits.
Read More

Federal Judge Dismisses EEOC Severance Agreement Lawsuit Against CVS

September 19, 2014
Comments (0)
When the EEOC filed this lawsuit earlier this year, I exclaimed that a ruling for the agency could be ruinous for employers. Kudos to this judge for recognizing the folly of the EEOC’s position.
Read More

A Diverse Workforce is the Best Defense for a Discrimination Claim

September 18, 2014
Comments (0)
What’s the best defense to a discrimination claim? Hire others in the same protected group.
Read More

Don’t Fish for Return-to-Work Medical Info Under the ADA

September 16, 2014
Comments (0)
The moral of this story is to confirm, but don’t fish, when seeking medical information from an employee returning to work following a medical leave of absence.
Read More

Protected Activity Doesn’t Protect Against Poor Performance

September 9, 2014
Comments (0)
Protected activity does not per se protect a poor performer from termination, provided that you can demonstrate a history of treating similarly situated poor performers similarly.
Read More

Jon Hyman Discusses Ban the Box on Cleveland NPR Affiliate

August 27, 2014
Comments (0)
Hear what Jon Hyman had to say on WCPN about the Ban the Box movement.
Read More