Labor and Employment Law

Recent Posts

EEOC Issues Balanced Interpretation of Legality of Employer Wellness Plans
Posted on 20 Apr 2015 by Jon Hyman

Several months ago, the EEOC announced its intent to issue regulations interpreting whether employer wellness plans are legal or illegal medical exams under the ADA. Thankfully, last Thursday the EEOC published its proposed regulations, and its good news... Read More

Fourth Circuit Eviscerates EEOC in Background Screening Case
Posted on 23 Feb 2015 by Jon Hyman

Nearly a year ago, the 6th Circuit sent a strong message to the EEOC in dismissing a case regarding its “expert” witness retained to challenge an employer’s use of credit checks. Last Friday, the 4th Circuit affirmed the dismissal of... Read More

EEOC’s Arguments to Supreme Court Antithesis of Transparency and Open Government
Posted on 16 Jan 2015 by Lorene Schaefer

On January 13, 2015, the United States Supreme Court heard oral arguments in which the Equal Employment Opportunity Commission (“EEOC”) made arguments that fly in the face of President Obama’s call for transparency and open government... Read More

What the EEOC Plans to Tell Employers About Wellness Programs
Posted on 26 Nov 2014 by Eric Meyer

The U.S. Equal Employment Opportunity Commission is obsessed with wellness programs. Or, as the EEOC likes to describe them "'so-called' wellness programs." And not in a "yay, so-called wellness programs are super" kinda... Read More

EEOC Should Do As It Does, Not As It Says
Posted on 24 Sep 2014 by Jon Hyman

Last June, the EEOC sued BMW , claiming that the company’s policy of automatically disqualifying from employment anyone with certain felony convictions disparately impacted African-Americans. Unfortunately for the EEOC, like BMW, it also uses criminal... Read More

EEOC Ordered to Pay Attorneys’ Fees to Prevailing Defendant
Posted on 20 Aug 2013 by Ashley Kasarjian

Since this case comes out of the Northern District of Iowa, I figured my post needed a picture of a corn field to make it complete. The other option was a picture of me in high school during the one year I lived in Cedar Rapids. However, I made the executive... Read More

10 Lessons from the EEOC's Spanking in the Freeman "Disparate Impact" Case
Posted on 26 Aug 2013 by Robin Shea

Has the EEOC ever read this book ? Maybe we should send them a copy. By now, you have probably heard about the latest spanking administered by the Honorable Roger W. Titus, U.S. District Court Judge for the District of Maryland, to the U.S. Equal Employment... Read More

U.S. Supreme Court Allows Retaliatory Discharge Lawsuits By Persons Sufficiently Close To An Employee Who Makes A Discrimination Charge; Will New York State Courts Do The Same?
Posted on 23 Feb 2011 by David S. Rich

The anti-retaliation provision of Title VII of The Civil Rights Act of 1964, as amended ("Title VII") prohibits an employer from "discriminat[ing] against any of his employees . . . because he has made a charge" under Title VII... Read More

Federal Court Permits Discrimination Against Transgender Employee
Posted on 1 Dec 2014 by Eric Meyer

Under federal law ( Title VII ), employers cannot discriminate because of one's sex. While Title VII does not explicitly coverage transgender employees (i.e., someone born female who presents male, and vice-versa; also known as gender identity), the... Read More

Federal Appeals Court Rejects “Retaliatory Rehiring” Claim
Posted on 17 Feb 2015 by Jon Hyman

As part of massive reorganization, Allstate severed the employment of approximately 6,200 employee agent. In connection with the layoff, Allstate offered all of the employee agents the opportunity to convert their employment status into that of an independent... Read More

BMW Settles EEOC Background-Check Lawsuit For a Cool $1.6 Mil
Posted on 10 Sep 2015 by Jon Hyman

Last month, a South Carolina federal judge denied BMW’s attempt to dismiss an EEOC lawsuit which alleged that the company’s criminal background checks for job applicants had a discriminatory disparate impact on African Americans ( opinion... Read More

10 Reasons for Employers to Be Jolly About the ADA (Says the EEOC)
Posted on 9 Dec 2011 by Robin Shea

The American Bar Association sponsored a webinar this week on the Americans with Disabilities Act, which was noteworthy for its inclusion of EEOC commissioners Chai Feldblum (Democrat) and Victoria Lipnic (Republican). I'm usually such a doom... Read More

When State Law Conflicts with the EEOC on Criminal Background Checks, Who Wins?
Posted on 23 May 2013 by Jon Hyman

Last year, the EEOC issued its long awaited Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII . While the Guidance was much more fair and balanced than many employer advocates (me included... Read More

EEOC Offers Guidance On ADA Application to Specific Conditions: Cancer, Diabetes, Epilepsy, and Intellectual Disabilities
Posted on 20 May 2013 by Barran Liebman LLP

The ADA Amendments Act of 2008 took effect January 1, 2009, and broadened the definition of a disability that makes a person eligible for the protections of the ADA. Taking into account this new, broadened definition of disability, on May 15, 2013... Read More

EEOC Holds Public Meeting on Social Media in the Workplace #socialEEO
Posted on 13 Mar 2014 by Jon Hyman

Yesterday, the EEOC held a public meeting on the use of social media in the workplace, and its impact on the enforcement of equal employment opportunity laws. The commission heard testimony that addressed issues such as recruitment and hiring, harassment... Read More