Title VII (EEOC)

Court Says You Can Fire A Worker You Believe Made Up A Discrimination Claim

It’s not just people who fabricate complaints of discrimination at work who can be fired, but those whom you believe fabricated discrimination claims. Everybody, roar it with me, “Yassssss!” In Villa v. Cavamezze Grill, LLC. the plaintiff was a low-level manager…

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…

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…

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…

A Sobering Lesson: Why HR Needs to Be Up to Date on Accommodation Requests

By Eric B. Meyer It was the bottom of the first page of this recent federal court opinion in EEOC v. Star Transport, Inc. really grabbed my attention: In December 2008 or January 2009, Edward Briggs became Star Transport’s Human…

Why Is Pregnancy Such a Touchy Subject In Employee Wellness Health Assessments?

By Julie Appleby, Kaiser Health News “Are you pregnant?” It’s a topic employers generally avoid, since the Pregnancy Discrimination Act of 1978 prohibited sex discrimination on the basis of pregnancy. But women’s advocates fear these long-standing protections could be undermined by…

What the Court’s Same-Sex Marriage Decision Means For the Workplace

OK, presumably I’m not the only employment lawyer trying to apply the U.S. Supreme Court’s decision in Obergefell v. Hodges to the employer-employee relationship. But, I can guarantee that this will be the best post you read about it today. In case…

Protected Workplace Conduct Is “As Simple as Telling a Supervisor to Stop.”

By Eric B. Meyer When I think about retaliation, I think about who gets fired after complaining about discrimination to an HR Manager or the EEOC. These actions epitomize the “opposition” and the “participation” clauses of Title VII of the…

Dealing With the “Bathroom Issue” and Transgendered Employees

By Eric B. Meyer On my speaking gigs around the country, what’s the biggest issue I hear from HR professionals involving transgender employees? Yep, it’s the use of the bathroom. Folks, it’s not that complicated. But, I’ll get to that…

Federal Court Allows Discrimination Against Transgendered Employee

By Eric B. Meyer Under federal law (Title VII), employers cannot discriminate because of one’s sex. While Title VII does not explicitly coverage transgender employees (i.e., someone born female who presents male, and vice-versa; also known as gender identity), the…

EEOC Guidebook Cranks Up the Push to Combat LGBT Discrimination

By Eric B. Meyer Even without a federal law that specifically bans discrimination in the workplace based on sexual orientation or gender identify, it’s no secret that one of the EEOC’s top priorities is to protect LGBT workers from discrimination….

EEOC Files Its First Ever Transgender Discrimination Lawsuits

By Eric B. Meyer Bending iPhone6‘s? Derek Jeter’s last home game in Yankee pinstripes? Attorney General Eric Holder to resign? Bah! The U.S. Equal Employment Opportunity Commission was the one stealing the headlines yesterday — err, doing something that I…

Title VII Prohibits Retaliation Based on Good Faith Claim of Harassment

By Eric  B. Meyer Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a number of protected classes. Sexual orientation isn’t one of those protected classes specifically listed in the statute. So, if an employee complains…

A Split EEOC Issues New Guidelines on Pregnancy Discrimination

By Ilyse Wolens Schuman The Equal Employment Opportunity Commission has issued new enforcement guidance on pregnancy discrimination and related issues, despite reservations expressed by some EEOC Commissioners. In general, the five-part guidance explains Title VII‘s prohibition against pregnancy discrimination, describes…

How Is Your HR Department Doing Covering Its … Assets?

HR departments are the sentries of the office, with access to sensitive personnel records such as health information, I-9 documents as well as salary details, records that can take up loads of file cabinet space, and not to mention, archived…