Tag: EEOC

EEOC Slows Enforcement, But Makes Headway on Backlog

Preliminary data from the U.S. Equal Employment Opportunity Commission (EEOC) shows that in Fiscal Year 2016, it filed fewer lawsuits and resolved fewer claims outside of court than it has in recent years, despite an increase in charges filed. Employers also paid less monetary relief.

healthcare

Court Considers EEOC Claims that Wellness Program Was Involuntary, Employee Fired for Nonparticipation

In EEOC v. Orion Energy Systems, Inc., a federal district court considered a challenge to an employer’s wellness incentive program. As explained in part 1 of this article, the court rejected the company’s contention that the Americans with Disabilities Act’s (ADA) safe harbor for benefits administration should apply.

Wellness Lawsuit AARP Versus EEOC: A Quick Recap

Did you know that the American Association of Retired Persons (AARP) has initiated a lawsuit against the Equal Employment Opportunity Commission (EEOC)? If you’re not already in the know about this, it may seem like an unlikely event, given that the two organizations are typically on the same side in matters related to employee rights. […]

wellness

Court Declines to Apply ADA’s Benefits Safe Harbor to Employer’s Wellness Incentive

In hearing a recent federal challenge to an employer’s wellness incentive program, a court rejected the company’s contention that the Americans with Disabilities Act’s (ADA) safe harbor for benefits administration should apply. However, the court dismissed the U.S. Equal Employment Opportunity Commission’s (EEOC) claim that Orion Energy Systems Inc.’s incentive violated the ADA, even though […]

Employers Continue to Face Lawsuits Over 100%-Healed Policies

Employers continue to face both federal charges and private lawsuits over policies that require workers to be fully healed from injuries before returning to work. According to the U.S. Equal Employment Opportunity Commission (EEOC), this means employers aren’t aware of their accommodation responsibilities under the Americans with Disabilities Act (ADA).

Maryland

EEOC Seeks Enhanced Damages for Age Discrimination in Benefits Calculations

by Kevin C. McCormick, JD, Whiteford, Taylor & Preston LLP In a significant decision, The U.S. district court in Baltimore declined to award the Equal Employment Opportunity Commission (EEOC) retroactive or prospective monetary relief in an age discrimination case in which the agency claimed that Baltimore County had improperly calculated pension fund contributions.

Feds Crack Down on Mandatory Flu Shot Policies

With flu season upon us, employers may be tempted to require that employees receive a flu shot. After all, the Centers for Disease Control and Prevention (CDC) says that the flu costs employers about $10 billion each year in healthcare costs. And receiving the shot can drastically reduce an individual’s risk of contracting the flu, […]