The EEOC is focusing on pay inequality as one of its top enforcement priorities, which means you should be focusing on it in your workplace as well.
If this proposal becomes reality, the EEOC must understand that it’s not one size fits all.
As employers continue to search for ways to battle the high (and rising) cost of medical insurance, Flambeau offers hope that mandatory wellness programs will remain a viable option.
A lawsuit filed by the EEOC against McDonald’s Corp. for its alleged refusal to interview a deaf job applicant is a perfect ADA-storm.
When an employer offers an employee a severance agreement, it wants to be done with the employee. It is paying severance in exchange for finality.
We have come a long way since ignorance labeled AIDS 'gay cancer.' Still, HIV and AIDS carry a certain stigma, which employers must avoid.
Comply with the EEOC regulations, because unless you’re Bugs Bunny, the hawk always wins.
GINA prohibits employers from discriminating against employees because of their genetic information, including genetic information of family members.
Kevin Stuckey, an African-American, worked for AutoZone Inc. as a salesperson and then as a manager. During his employment, Stuckey was transferred to multiple stores in Chicago. Following his transfer in July 2012, in which his pay and job responsibilities were supposed to remain the same, Stuckey never returned to work. Instead he filed a U.S. Equal Employment Opportunity Commission charge of discrimination claiming that his transfer was initiated because of his race. The EEOC filed a lawsuit on Stuckey’s behalf, claiming that Stuckey’s transfer was part of a plan to “limit, segregate or classify” employees on the basis of race. The U.S. District Court for the Northern District of Illinois granted summary judgment to AutoZone, holding that even in a disparate impact case, the employees must show that they suffered an adverse action. The court held that there was no evidence that Stuckey’s transfer resulted in an objectively humiliating or degrading change in working conditions. EEOC v. AutoZone Inc., No. 14-cv-5579(Aug. 4, 2015).
IMPACT: Transferring employees to different locations is a legitimate business reason as long as it does not result in an objectively humiliating or degrading change in working conditions for the employee based on some protected classification such as race or sex.
Mark T. Kobata and Marty Denis are partners in the law firm Barlow, Kobata and Denis, which has offices in Beverly Hills, California, and Chicago.To comment, email firstname.lastname@example.org.