Is it Okay to Give Women More Parental Leave?
The Situation: A company implements a new parental leave policy which allows more time off for biological mothers than biological fathers, along with offering new mothers better benefits related to their transitions back to work. Could this be unlawful?…READ MORE
Employee Wellness Program—Potential Risks Under ADA?
The Situation: You implement a voluntary employee wellness program which requires employees to undergo health risk assessments and complete a health history questionnaire. One of the incentives is that employees who complete the health risk assessment are not required to pay their monthly premiums for single coverage health insurance. An employee raises concerns about the confidentiality of her health information if she participates and the voluntariness of the program and ultimately decides not to. If that employee ends up being fired, could she make a claim under the ADA?…READ MORE
Twelve Million Dollars to be Paid out by Restaurant Chain for Age Discrimination
The Situation: The EEOC took aim at Texas Roadhouse in 2011, claiming that the restaurant chain engaged in a pattern or practice of age discrimination by refusing to hire applicants over the age of 40. According to a press release issued by the EEOC, Texas Roadhouse has now agreed to pay a total of $12 million to an as-yet unidentified group of prospective employees, along with agreeing to take a number of corrective actions to ensure no further discrimination.…READ MORE
Has Filing an EEOC Charge Just Gotten Easier?
The Situation: In recent years, the EEOC has begun the implementation of a digital charge system—the idea being that allowing employers and employees to utilize a digital system would both make it easier on them and also on the agency itself. The first phase was implemented in 2015 and allowed employers against whom a charge of employment discrimination had been filed, to interact with the EEOC online through an employer portal (so could upload and download documents, submit a position statement, verify information, etc.). Earlier this week, the EEOC announced another step in its plan to go digital, launching a new Online Inquiry and Appointment System in five of its offices.…READ MORE
Firing Six Weeks After Charge Enough to Show Retaliation?
The Situation: An employee files an EEOC charge, claiming she was discriminated against based on her race. Because of some ongoing performance issues, you put her on a performance improvement plan three weeks later. Following the issuance of another written warning, you decide to terminate her, about six weeks after her charge was filed. Can she bring a retaliation claim based on the timing alone?…READ MORE
Can Hugging Be Hostile?
The Situation: One of your top level managers is known to frequently hug female employees, both in the workplace and outside of work. A female employee who has worked for your company for a number of years ends up filing a charge with the EEOC, asserting a hostile work environment in violation of Title VII, claiming that based upon this manager’s frequent and unwelcome hugs, she has experienced significant stress and anxiety at the workplace. Could your company face liability under Title VII? …READ MORE
Can Firing an Employee for a False Sexual Harassment Claim Be Considered Retaliation?
The Situation: An employee lodges a number of complaints against a certain supervisor, claiming that he has made some offensive and inappropriate remarks of a sexual nature. You interview some of the other employees who were purportedly present when these statements were made and none of them back up the complaining employee’s story. The supervisor also denies making the statements. You terminate the employee who made the complaints on the grounds that she has intentionally falsified a claim of harassment, in violation of your anti-harassment policy. Can you face a claim of retaliation?…READ MORE
Depression and the ADA According to the EEOC
The Situation: Mental health conditions, including depression and PTSD, can trigger protection under the ADA. Employers are prohibited from discriminating against employees based upon these conditions and also must provide reasonable accommodations to employees as necessary. But what does this mean in reality?…READ MORE
Hundreds of Thousands of Dollars and Agreement to Provide Future Training To Settle One of EEOC’s First Sexual Orientation Discrimination Lawsuits
The Situation: One of your supervisors regularly makes jokes about the sexual orientation of one of your female employees—along the lines of how he would like to turn her back into a woman and how she would look good in more feminine attire. She complains about the supervisor’s comments. If she is subsequently fired, could you face a retaliation claim under Title VII?…READ MORE
Employee Wellness Programs—New EEOC Input
The Situation: Because you want to encourage your workforce to be healthy, you decide to implement an employee wellness program. What are some of the steps should you take to make sure your wellness program does not violate the ADA?…READ MORE