Tag: EEOC

When EEOC Suggests Mediation, Should You Say ‘Yes’?

Schickman is a partner at Freeland Cooper & Foreman LLP in San Francisco. His remarks came at BLR’s Advanced Employment Issues Symposium in Las Vegas. EEOC staffers have a lot of cases, and they want to get cases into their “resolved” file. Also, he adds, you often get some relief on document production and reporting […]

EEOC Reports Record Highs, Reductions in 2011

According to the annual Performance and Accountability Report released in November, the Equal Employment Opportunity Commission (EEOC) finished fiscal year 2011 with a 10 percent decrease in its pending-charge inventory, the first such reduction since 2002. At the same time, the agency achieved the highest-ever monetary amounts through administrative enforcement, and it received a record […]

Casual appraisals: Key Evidence Against You in Court

Employment law attorneys aren’t allowed to say “document,” West says; they are always required to say “document, document, document.” There’s a good reason for using the famous three words, she adds, because documentation is that important: It gives you credibility It’s how you show the world that you did what you say you did It […]

‘Unique Interactive Process’ for ADA Key to Appeasing EEOC

EEOC is coming after anyone not using a unique interactive process, says attorney Stacie Caraway. They want to see one-on-one engagement. Caraway, of counsel with Miller & Martin in Chattanooga, Tennessee, joined Dinita James, partner with Ford & Harrison in Phoeniz, Arizona, and moderator Charles Plumb, a partner with McAfee and Taft in Tulsa, Oklahoma, […]

Could Layoffs Equal a Class Action?

This should come as no shock, but people don’t like to get fired. And when they do get fired, they look for someone else to blame. Guess who? “You fired me because I’m X (fill in the blank with the name of a protected class).”

EEOC Taking Close Look at Hiring Decisions

Someone applies for a job and doesn’t get it. End of story? Not necessarily. More than 6,300 unsuccessful job applicants have complained to the Equal Employment Opportunity Commission (EEOC) so far this fiscal year, claiming illegal discrimination kept them out of a job. Bass Pro, Weight Watchers in EEOC’s Sights The EEOC is focusing on […]

Employers Warned to Include GINA Disclosure on FMLA Forms (video)

Employers have some new language to include on certain Family and Medical Leave Act (FMLA) forms because of the Genetic Information Nondisclosure Act (GINA), according to employment law attorney Stacie L. Caraway, who led an FMLA session at the October Advanced Employment Issues Symposium in Nashville, Tennessee. Caraway says a one-paragraph statement is available on […]

What Employers Should Expect from a Ramped-Up EEOC

The Equal Employment Opportunity Commission (EEOC) is trying to buck a trend. While government budget cuts have become the norm, the EEOC is requesting for fiscal year 2012 an $18 million increase from 2011. The agency says it needs more money to restore enforcement and legal staff positions, modernize technology, and expand training, among other […]

Employer wins discrimination case — Evidence of non-performance outweighs employer’s imprudent remark

A recent appeals court ruling shows that clear and consistent documentation of an employee’s poor performance is more important than certain imprudent things a supervisor may say to an employee. Robert Dickerson, an individual with a mental disability, worked as a part-time custodian for an Illinois community college. He was recorded several times losing employer property and […]