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Showing 58 posts in EEOC.

EEOC Lawsuit Reminds Employers to Accommodate Pregnant Workers As It Does Other Employees

Reminding employers of their obligation to accommodate pregnant employees in the same manner as non-pregnant employees, the Equal Employment Opportunity Commission recently filed a sex discrimination lawsuit against a North Carolina nursing center. The complaint alleges the center violated the Pregnancy Discrimination Act of Title VII of the Civil Rights Act of 1964 (PDA) when it terminated two nursing assistants because of their pregnancy-related restrictions. In one case, the center placed the nursing assistant on unpaid leave when she asked the center to accommodate a pulling, lifting, and pushing restriction placed on her by her physician, then terminated her employment. The center terminated the second employee for similar reasons. The EEOC alleges the nursing center had the ability to accommodate such restrictions because they accommodated similar restrictions for non-pregnant employees who suffered work injuries.The EEOC is seeking declaratory and compensatory relief, as well as other monetary relief, for the terminated employees. More ›

Seventh Circuit Holds a Multi-Month Leave is Not a Reasonable Accommodation

Last week the Seventh Circuit dealt a blow to the EEOC's continued position that medical leave is a reasonable accommodation when the leave is (1) of a definite, time-limited duration; (2) re-quested in advance; and (3) likely to enable the employee to perform the essential job functions upon return. The panel rejected that position, noting it glossed over the length of the requested leave, improperly transforming the ADA into "an open-ended extension of the FMLA." More ›

EEOC Sues Illinois Employer for Refusing to Provide Disabled Employee Additional Leave

You have complied with the Family Medical Leave Act by allowing an employee with a serious medical condition 12 weeks of leave. You even provided a few additional weeks even though he has exhausted all available leave. When the employee asks for three more weeks, and you think to yourself “the company has met its legal obligations and can terminate, right?” Wrong—according to the EEOC. More ›

Employer Alert: EEO-1 Pay Data Collection on Hold

On Tuesday, the Office of Management and Budget (OMB) issued a stay of the EEOC's collection of information on pay data on EEO-1 reports.  More ›

EEOC Ordered to Reconsider What “Voluntary” Means for its Wellness Program Guidance

The long-running efforts of the Equal Employment Opportunity Commission to provide guidance on what constitutes a “voluntary” wellness program were called into question by the U.S. District Court for the District of Columbia, in the case A.A.R.P. vs. U.S. E.E.O.C. More ›

EEOC Seeks Public Input on Proposed Enforcement Guidance on Unlawful Harassment

The EEOC issued Proposed Enforcement Guidance on Unlawful Harassment on January 10, 2017. It is designed to consolidate numerous agency guidelines into one document and addresses hostile work environment harassment prohibited by statutes enforced by the EEOC. The Guidance examines three primary elements of a harassment claim. First, is the conduct based on a legally protected status; second, is the conduct sufficiently severe or pervasive to create a hostile work environment; and third, is there a basis for employer liability. The 75-page treatise covers key case law since the Supreme Court first recognized harassment as an actionable form of discrimination in 1986. More ›

EEOC Issues New Guidance on National Origin Discrimination

On November 21, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued new enforcement guidelines regarding national origin discrimination. Since 2002, the EEOC has observed significant legal developments addressing national origin discrimination, warranting the need to replace its earlier guidelines. In 2015, approximately 11 percent of the 89,385 private sector charges filed with EEOC alleged national origin discrimination. These charges included unlawful failures to hire, unlawful terminations, harassment and language-related policies. More ›

Join Us October 20, 2016 for Hinshaw's 21st Annual Labor & Employment Seminar

It's that time of year again! School's back in session, the leaves are starting to change, and Hinshaw is putting on its annual Labor & Employment Seminar! Thursday, October 20th is the big day in Hoffman Estates, Illinois. Have you been wondering... More ›

EEOC Issues Sample Notice for Employers Offering Wellness Programs

Last month, we alerted you to some new guidance from the EEOC on wellness programs. One of the key requirements of this new guidance is that employers must give notice to participants about the information being collected through the wellness program and how that information is to be used. Yesterday, the EEOC issued additional guidance on this notice requirement, including a sample notice and a list of items employers should consider when dealing with the notice requirement.  More ›

EEOC Issues Final Regulations on Wellness Programs

Employers who provide employees with incentives to encourage healthy behavior must contend with an alphabet soup of federal law — ERISA, GINA, HIPAA, the ACA, the ADA, just to name a few. Earlier this week, the EEOC weighed in and finalized its latest guidance on how employer wellness programs should be structured. These final regulations largely adopt the proposed regulations that were issued in 2015. More ›

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