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

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

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

New Year’s Resolutions: The EEOC’S Focus on Workplace Harassment in 2015
Posted on 23 Jan 2015 by Steptoe & Johnson PLLC

by Mark C. Dean As the calendar rolls over into a new year, many of us are busy making resolutions, and it seems that certain government enforcement agencies are no different. On January 14, 2015, the EEOC held its first meeting of the new year, resolving... Read More

Is Your Wellness Program Discriminatory?
Posted on 3 Jun 2013 by Jon Hyman

It is no secret that health care costs for employers and their employees are out of control in this country. Many employers have attempted to hold down these rising costs by offering wellness-program incentives - insurance premium reductions to employees... Read More

Is Your Company a Target of the EEOC?
Posted on 3 May 2013 by Robin Shea

Is your company an EEOC target? I've written before about the Strategic Enforcement Plan of the Equal Employment Opportunity Commission, which was officially adopted last December, and the Commission's priorities. Last week, EEOC Commissioner... Read More

EEOC Talks Employer Wellness Programs; Provides an ADA Q&A
Posted on 23 May 2013 by Eric Meyer

Consistent with its strategic plan to provide up-to-date guidance on the requirements of antidiscrimination laws, last week, the United States Equal Employment Opportunity Commission issued this press release in which it announced that it had revised... Read More

Supremes to Employers: No, We Won't Make EEOC Force You To Settle
Posted on 1 May 2015 by Donna Ballman

In one of the most bizarre employer appeals I've ever seen, a company called Mach Mining asked the Supreme Court to dismiss a suit by EEOC because EEOC didn't engage in sufficient conciliation efforts. Conciliation is a fancy term for trying to... Read More

The EEOC and Wellness Programs: Time for an Answer?
Posted on 3 May 2013 by John Holmquist

The EEOC has announced that it will be holding a meeting on May 8, 2013, to hear from invited panelists on the treatment of wellness programs under federal law, with an emphasis on understanding the ways that the ADA, the Genetic Information Nondiscrimination... Read More

The EEOC Asks: Is Your Corporate Wellness Program Really Voluntary?
Posted on 8 May 2015 by Steptoe & Johnson PLLC

by Marcia L. DePaula Many employers who provide health coverage to their employees have initiated wellness programs within the workplace over the years in order to reduce health care costs. These wellness programs may include initiatives to motivate... Read More

The EEOC’s New Online Charge System
Posted on 19 May 2015 by Ashley Kasarjian

Don’t be surprised if you start getting more electronic communications from the Equal Employment Opportunity Commission. The EEOC has initiated a new online pilot program to transmit documents electronically. This move, according to the EEOC, will... Read More

The 2011 EEOC Performance and Accountability Report
Posted on 5 Dec 2011 by Ashley Kasarjian

It's that time of year again - the EEOC Performance and Accountability Report has been released. Recapping FY 2011, the Report provides a glimpse into the inner-workings of the Equal Employment Opportunity Commission - where it is going and... Read More

Employers Seek to Halt EEOC’s Efforts to Drum Up Plaintiffs For Its “Onionhead” Lawsuit
Posted on 4 Feb 2015 by Jon Hyman

You may recall the lawsuit filed the EEOC claiming that a New York employer forced its employees to join a religion called “Onionhead.” Now, Employment Law 360 reports [subscription required] that the company’s counsel is trying to... Read More