Tag: EEOC

Employer Will Pay $50,000 to Settle EEOC’s First GINA Lawsuit

An Oklahoma employer will pay $50,000 to settle the first lawsuit the federal government filed to enforce the Genetic Information Nondiscrimination Act. The case, Civil Case No.: 13-CV-248-CVE-PJC, was filed in the U.S. District Court for the Northern District of Oklahoma. The U.S. Equal Employment Opportunity Commission, which is tasked with enforcing GINA, filed suit […]

EEOC Urged to Align Wellness Standards With HIPAA/ACA Rules

The U.S. Equal Employment Opportunity Commission’s failure thus far to issue clear guidance on permissible wellness incentives threatens to undermine employers’ development of wellness programs at a time when their importance is growing, business groups warned the EEOC at a May 8 hearing. “We urge you to recognize the comprehensive regulatory framework that already exists” […]

In Rare Post-amendments Ruling, Court Finds Impairment Not a Disability

Being deaf in one ear is not a disability, the U.S. District Court for the Eastern District Court of Pennsylvania ruled in Mengel v. Reading Eagle Co. (No. 11–6151, 2013 WL 1285477 (E.D. Pa. March 29, 2014)). While findings of “no disability” were common before the Americans with Disabilities Act was amended, they have been […]

EEOC Discussion Letter: Wellness Programs Must Accommodate Workers’ Disabilities

Employers must make accommodations to allow employees with disabilities to participate in their wellness programs, the U.S. Equal Employment Opportunity Commission said in a recently released informal discussion letter. The letter was written in response to an employer’s question about a special program for employees with diabetes. The employer wanted to waive its annual health […]

Court Rejects EEOC Guidance on Employee Alcohol Testing

An employer’s random alcohol testing of probationary employees did not violate the Americans with Disabilities Act, despite federal agency guidance to the contrary, a federal district court has ruled (Equal Employment Opportunity Commission v. United States Steel Corp., No. 10–12 (W.D. Penn. Feb. 20, 2013)). EEOC sued on behalf of a class of employees, arguing […]

‘Have Your Employees’ Backs’ on Back Safety Training

Preventing back injuries in your workplace is one of the most effective cost-control and productivity-enhancing efforts you can undertake. Training workers in back safety is an important part of that effort. Preventing back injuries To avoid injuring your back in the first place, use these back safety techniques: Adjust your workstation to fit. If your […]

Comfort Inn Settles Pregnancy Discrimination Suit for $27k

The owner of a Comfort Inn & Suites franchise will pay $27,500 to settle claims that it discriminated against an employee because she was pregnant. The case reminds employers to keep in mind that the law prohibits discrimination against pregnant employees, and that employers may need to accommodate them. Ramin Inc., which owned a Comfort […]

EEOC Settlements a Reminder ADA May Require Extended Leave as Accommodation

Two employers entered into settlement agreements with the U.S. Equal Employment Opportunity Commission in February after the federal agency alleged the companies had violated the Americans with Disabilities Act. Both employers, the commission said, fired employees who were entitled to leave as accommodations for their disabilities. The first involved Doneen King, an employee with the […]

Here Comes EEOC 2013—Charges, Investigations, and Claims

Review of Charge Activity, Backlog, and Benefits Provided On November 19, 2012, the EEOC announced the publication of the FY 2012 Performance and Accountability Report. During FY 2012, the Commission again received nearly 100,000 charges, with the past 3 years involving a record number of charges in the Commission’s 47-year history. Since FY 2006, there […]

Littler’s EEOC Activity Report—No Relief for Employers

Why Pay Is an Easy-to-Litigate Issue Harassment (“He made me uncomfortable”) is vague and often tough to prove, and discrimination (“You didn’t hire me because I am a member of a protected class”) is also hard to prove. But with pay issues —it’s there in dollars and cents for the agency rep or a jury […]