Tag: EEOC

Family Leave Missteps That Can Get You Sued

On Wednesday, we looked at 5 common situations that can get you sued over the mishandling of family leave. Today, 4 more—plus an invitation to a 1-day California-specific event that will get all of your trickiest leave questions answered once and for all.

Third EEOC Wellness Lawsuit Draws Industry Ire

An employer group criticized the latest legal challenge to an employee wellness program filed by the U.S. Equal Employment Opportunity Commission. The commission alleges that Honeywell International, Inc.’s biometric testing incentive for employees and their spouses violates the Americans with Disabilities Act and Genetic Information Nondiscrimination Act. “This is an outrageous development, and one that […]

EEOC Targets Another Employee Wellness Program

A second employer has been sued by the U.S. Equal Employment Opportunity Commission over its employee wellness program. Once again, the EEOC alleges that the company’s penalties for nonparticipation rendered the program involuntary, making it a medical inquiry prohibited by the Americans with Disabilities Act. The latest case, announced Oct. 1, involved a plastics manufacturer […]

Conciliate First, Court Tells EEOC as it Tosses out Lawsuit

The U.S. Equal Employment Opportunity Commission may not sue an employer unless it has engaged in pre-litigation conciliation — even for pattern or practice claims — a federal district court has held. The U.S. District Court for the Northern District of Illinois Oct. 7 dismissed an EEOC suit alleging that CVS Pharmacy’s separation agreement violated […]

Sue Me, I’m Begging You

Yesterday’s Advisor began attorney Whitney Warner’s list of 14 things managers do that make a plaintiffs’ attorney’s day. Today, the rest of her list.

EEOC Lawsuit Says Employer Violated GINA by Requesting Too Much Medical Info

An employer violated the Genetic Information Nondiscrimination Act when it asked applicants and employees for information about their medical history, the U.S. Equal Employment Opportunity Commission alleged in a lawsuit filed Sept. 17. BNV Home Care Agency, Inc., a New York City home care services agency, required applicants to complete an “Employee Health Assessment” after […]

What Should Be Included in Antiharassment Training?

Does your organization provide antiharassment training for employees and managers? One of the main reasons antiharassment training is important is that employers have an obligation to provide a safe workplace—one that is free of harassment. If an employer does not take proactive steps to ensure such an environment, that employer will find it much more […]

Severance Agreements: Drafting Do’s and Don’ts for Avoiding EEOC Attention

Van Parys, who is with Carothers DiSante & Freudenberger LLP in Sacramento, offered his tips at the SHRM Annual Conference and Exposition held recently in Orlando. Recent EEOC Actions Two recently filed lawsuits, in which severance agreements were called  overly broad and unenforceable, may help employers fashion their own severance agreements, says Van Parys. EEOC […]

Managing the Severance Meeting—It’s a Business Transaction

Van Parys, who is with Carothers DiSante & Freudenberger LLP in Sacramento, offered his tips at the SHRM Annual Conference and Exposition held recently in Orlando. Challenges by EEOC and NLRB To avoid having your severance agreement challenged by the EEOC or NLRB, says Van Parys, include language to the effect that the former employee […]