Tag: EEOC

Firing an Employee: Why You Should Never Act Alone

In yesterday’s CED, Hunter Lott of Please Sue Me fame offered his lawsuit avoidance tips. Today, his advice on legal exposure in 2011, plus an introduction to an upcoming event you won’t want to miss. First, specialized input. As we mentioned in yesterday’s CED, specialized members of the management team, like the HR manager, are in a […]

Could “Unemployed” Be the Next Protected Characteristic?

In a market in which the number of people looking for jobs wildly exceeds the number of jobs available, some employers have opted to narrow the field of applicants by eliminating unemployed workers from consideration. While some employers restrict the field to individuals who are currently employed, others allow candidates who are “recently unemployed” to […]

EEOC Promotes Hiring Recently Released Prisoners

On June 21, Equal Employment Opportunity Commission (EEOC) Chair Jacqueline Berrien participated with Secretary of Labor Hilda Solis and Attorney General Eric Holder in a roundtable discussion of employment strategies for getting individuals with criminal records, including recently released prisoners, back to work. Employers, service providers, academics, policy advocates, and former prisoners also participated. The […]

Employer That Retaliates Digs Its Own Grave

by Boyd A. Byers The thirst for revenge is among the strongest of human emotions. In fact, the innate desire to “get even” has driven much of history. But acting on vindictive feelings can have dire consequences — particularly in the world of employment law. Mastering HR Report: Discrimination Courts receptive to retaliation Most employment […]

When Handing Out Severance Pay, Don’t Forget Employees on Leave

If an employer grants severance pay to laid-off employees, it must also pay those who were on leave for disabilities at the time of the layoff. A California auto plant failed to do so and has now agreed to pay into a $6 million settlement fund (along with Toyota) to settle an Americans With Disabilities Act […]

Is Every Employee Disabled?

By Michael E. Barnsback That was the question we received at the conclusion of the ADA Compliance Virtual Summit, which I conducted with Audra Hamilton on June 15, 2011. The question was reasonable after conference participants learned that the Equal Employment Opportunity Commission’s (EEOC) new regulations emphasize that the focus of the Americans with Disabilities […]

EEOC: Clarity on Wellness Incentives under GINA; Tongue-tied on ADA

The U.S. Equal Employment Opportunity Commission (EEOC) once again refused to a take a position on whether employers may use financial incentives to encourage employee participation in wellness programs — without violating the Americans With Disabilities Act (ADA). In an informal opinion letter from the EEOC’s Office of Legal Counsel, the commission assured employers that […]

Court Upholds $923,656 Back-Pay Award

On May 31, the Eleventh U.S. Circuit Court of Appeals upheld a lower court’s decision awarding $923,656 in back pay to a terminated employee of the Federal Railroad Administration (FRA), an agency of the U.S. government. The decision shows the damages available to employees that prove retaliation based on the filing of an Equal Employment […]

Verizon ADA Settlement: More on leaves of absence as reasonable accommodation

Now that the dust is settling over the nationwide class-action disability discrimination lawsuit Verizon settled with the EEOC, we at the SmartHRManager blog wanted to ask HR professionals what this settlement means to their companies. To help you answer that question, take a look at the consent decree’s corporate improvement plan, which highlights what Verizon […]

Verizon to Pay $20 Million in Largest ADA Settlement

In the largest disability discrimination settlement in U.S. Equal Employment Opportunity Commission history, Verizon Communications has agreed to pay $20 million to hundreds of employees. The settlement resolves allegations that the company violated the Americans With Disabilities Act by implementing an unlawfully rigid attendance policy. Verizon denied reasonable accommodations to employees and disciplined and/or fired […]