Equal Employment Opportunity Commission (EEOC)

Trump Appoints EEOC Acting Chair

Originally nominated by President Barack Obama to serve as an  EEOC Commissioner back in 2010, Victoria Lipnic has now been named by President Trump as Acting Chair. According to this EEOC press release, Acting Chair Lipnic’s prior experience includes service as Assistant Secretary of Labor for Employment Standards, which oversaw the Wage and…

What We Can Expect From the EEOC In 2017

In recent years, it has been difficult to predict with certainty what employers can expect from the Equal Employment Opportunity Commission (EEOC). While it is unlikely the agency will dramatically shift gears during the coming fiscal year, the following are some of the anticipated trends for fiscal year 2017. The EEOC will continue…

Healthcare Costs and the Collision With Employee Rights

Observing that the U.S. healthcare has been rising at almost twice the rate of the national economy, Tim Coan told an audience of HR professionals, “This is simply not sustainable.” But the question is, ‘What have we done about it’.” Speaking at a DisruptHR meeting in Denver last year, Coan said it is…

How President Trump Is Likely to Impact HR

As we prepare for Donald Trump to enter office on January 20, what changes might his administration bring? Will he honor the former administration’s bold moves around EEO reporting, contractor rules, minimum wage, FLSA, and equal pay laws? Or will it be a brand new day in comp? It’s safe to say in…

EEOC to Ratchet Up Scrutiny of Gig Economy Employers

This week the Equal Employment Opportunity Commission approved an updated Strategic Enforcement Plan (SEP) for fiscal years 2017–2021, setting out its priorities and strategies for the near term. The SEP builds on a prior plan issued in December 2012, which guided EEOC activity for the past four years. In the new SEP, the…

When Feedback Is Needed, Don’t Be NICE

One of the problems we have in HR, says Jim Smith, is that HR people are NICE. He spelled it out in capitals and explained that what it really means is, “Nothing Inside of me Cares Enough to tell you the truth.” “We don’t want to make waves. We want everybody to be…

Is Your Parental Leave Policy Sending the Wrong (Maybe Illegal) Message?

On average, organizations gave mothers 41 paid days of maternity leave, compared with 22 paid days of paternity leave for fathers. That statistic comes from 2016 Paid Leave in the Workplace, a survey recently conducted by the Society for Human Resource Management. Does this disparity demonstrate discrimination against men? Not necessarily. If the maternity…

Here’s What You Need to Know About Filing Your EEO-1

Companies required to file EEO-1s have only a week left until the September 30th deadline. For companies that have been filing by electronically, there is a new development. The Joint Reporting Committee (JRC) announced earlier this summer the file must be uploaded directly to the production database rather than emailing the file to them. This was…

The 3 Biggest Compliance Worries You Should Be Worrying About

I came across Littler Mendelson’s Executive Employer Survey Report, which “examines the legal, economic and social issues having the greatest impact on the workplace, based on survey responses from 844 in-house counsel, human resources professionals and C-suite executives from a range of industries.” What has respondents losing sleep at night? From the executive…

Training Has Little Effect On Workplace Sex Harassment

Despite 30 years of training and sensitivity sessions since the U.S. Supreme Court first said sexual harassment is discrimination,  workplace harassment has come to dominate the charges brought to the EEOC by private sector and state and government employees. A report released today by the chairs of a task force of the Equal…

Fingerprint vs. Name-Based: Which Background Screening Solution Is Best for Employers?

If you’ve been following the news lately, you’ve probably heard about states and municipalities passing bills requiring FBI or state fingerprint background checks for certain industries. While it’s good to see the government supporting employee and consumer safety, it’s also important to recognize that fingerprint checks aren’t the only type of criminal background…

EEOC Sets Limits On Wellness Program Incentives

(KAISER HEALTH NEWS) — Employers seeking to get workers to join wellness programs and provide medical information can set financial rewards – or penalties – of up to 30% of the cost for an individual in the company’s health insurance plan, according to controversial rules finalized by the Equal Employment Opportunity Commission this…

The New Rules for Wellness Plans In A Nutshell

The U.S. Equal Employment Opportunity Commission announced here that it had issued issued final rules on how the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act apply to employer-sponsored wellness programs. So, what do y’all need to know about the EEOC’s new rules on employer wellness programs? (No one ever accused me of burying the lede.) What’s…

What You Need to Know About OFCCP Audits and Trends

Office of Federal Contract Compliance Programs (OFCCP) audits can be complex, which is why it’s so important federal contractors understand the latest requirements and trends impacting enforcement. Here are some of the latest OFCCP audit trends and expectations you should be aware of: Section 503 and VEVRAA regulation enforcement OFCCP is still expecting…

There’s a New EEOC Resource To Help You With Your ADA Issues

This week, the U.S. Equal Employment Opportunity Commission announced here that it had released a new resource document entitled Employer-Provided Leave and the Americans with Disabilities Act. It’s a document for employers and employees alike, which addresses the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with Disabilities Act of…

EEOC Says Transgender Employees Can Choose Their Bathroom

Around this time last year, I blogged here about OSHA’s Guide to Restroom Access for Transgender Workers. According to OSHA, “all employees should be permitted to use the facilities that correspond to their gender identity.” And, it’s up to the employee to determine for him- or herself “the most appropriate and safest option.” It…

How Far Must You Go to Accommodate Wild Religious Beliefs?

By Eric B. Meyer Most employment lawyers — especially us blogger types — are never at a loss for a good war story. Like that time I sat through the deposition of a construction site employee who testified about how the walls of the control room were covered ceiling-to-floor with porn. Not a single…

Can an Employer Rescind a Job Offer Because of a Genetic Test?

By Eric B. Meyer A received a number of emails following my blog post, “Can you refuse to hire a person whom you fear may have a future disability?” One of the more substantive emails was worthy of setting the table for today’s post: There’s an employer in my area that requires every employee to…

One Good Reason Why You Never Want to Deal With a Retaliation Lawsuit

By Eric B. Meyer What happens when an employee’s national origin claim becomes a retaliation lawsuit? Late last week, Kurt Orzeck at Law360 wrote about a lawsuit that the EEOC initiated in California federal court against a bakery. In that lawsuit, the EEOC alleges that one of the bakery employees complained to the EEOC that…

You May Need This Someday: 9 Steps to Drafting an EEOC Position Statement

By Eric B. Meyer If you’ve ever had to address an EEOC Charge of Discrimination, you know that drafting a good Position Statement, in which the specific claims of discrimination are addressed and supported with documents and facts, is key. This especially holds true now that the Equal Employment Opportunity Commission has announced new nationwide…