The EEOC is back at it! This time it has targeted corporate wellness programs and is challenging the legality of such programs under the ADA. The EEOC contends that the biometric testing and health risk assessments are “disability-related inquiries and medical examinations” that are not job-related and consistent with business necessity and, therefore, violate Title
EEOC Trying to Change the “Status” for Transgendered Employees
On September 25, 2014, the EEOC filed lawsuits in Florida and Michigan accusing employers of discriminating against transgendered employees. These are the first two cases ever filed seeking to protect transgender workers under Title VII.
In the Florida Case, EEOC v. Lakeland Eye Clinic, the EEOC claims that Lakeland terminated an employee, Branson, in
EEOC Hit with Sanctions for Frivolous Claims
Last week the Associated Press reported that the EEOC was sanctioned by a US District Court judge for $4.7 million dollars. The sanctions were awarded because the EEOC brought a number of frivolous and groundless claims against trucking company CRST.
According to the opinion, the EEOC filed a lawsuit in 2007 against CRST alleging
Employment Law 101: Discriminatory Use of Criminal Background Checks Guide
Who, What, Why . . .
Who does it apply to: All employers that use criminal backgroundchecks to evaluate applicants or employees.
What is the issue: Blacks and Hispanic people are statistically more likely to be arrested and convicted of crimes than whites. As a consequence, employers who make a blanket rule that any person
Transgender a “Protected Class?”
“Mia” Macy applied for a job with the Bureau of Alcohol Tobacco and Firearms and interviewed as a male candidate. A former police detective from Phoenix relocating to San Francisco, Macy was repeatedly told by persons she interviewed with that she would be given the job she applied for. Some time after interviewing, but before
Texas Leads Nation in EEOC Complaints
Everything is bigger in Texas. Darn right. Well, maybe this is one distinction Texas businesses could have done without. In recently released EEOC complaint results for 2011, Texas ranked first. One in ten complaints across the US were filed in Texas. Of those claims filed in Texas, race charges came in first, followed by
Pepsi “Popped” for Using Criminal Background Checks
The EEOC announced today that Pepsi Beverages has agreed to a settlement of $3.1 million to resolve a claim by black prospective employees. Between 2006 and 2010, Pepsi excluded from any consideration for employment any applicant who had been arrested or convicted of a crime, including minor offenses (not sure how minor).
The EEOC