Menu

Showing 65 posts in EEOC.

Seventh Circuit is latest Federal Court to Limit ADA Protection for Obesity

Regulators, judges and academics have all been vexed over the issue of whether obesity, not caused by an underlying physiological condition, is a disability covered by the Americans with Disabilities Act (“ADA”). Notwithstanding existing EEOC Enforcement Guidance that obesity is in and of itself protected under the ADA, the Seventh Circuit Court of Appeals recently weighed in on the issue and held obesity is not an ADA-protected disability unless it is caused by a physiological disorder or condition. More ›

Employer Alert: SCOTUS Holds That EEOC Charge Processing Rules can be Waived by a Defendant Since they are not Jurisdictional

On June 3, 2019, the Supreme Court of the United States made a ruling that employers and their legal counsel need to be aware of. In Fort Bend County v. Davis, the Supreme Court ruled that the charge-filing requirements for EEOC discrimination claims filed under Title VII, including that Act's scope of charge and filing rules, are not jurisdictional and instead are claims processing rules which can be waived by a defendant if not timely raised in federal court proceedings. This decision resolves a split among multiple federal Circuit Courts which have confronted the issue. More ›

EEOC Announces Due Date for Collection of 2017 and 2018 EEO-1 Race, Gender, and Ethnicity Pay Data, DOL Files Appeal

The EEOC is immediately reinstating the revised EEO-1 pay data survey previously put on hold by the Office of Management and Budget (OMB), even as the U.S. Department of Labor seeks to challenge the court ruling that mandated the data collection. The deadline for filing Component 2 data for calendar years 2017 and 2018 will be September 30, 2019. The EEOC will begin collecting Component 2 data sometime in mid-July, but the precise date is still unknown. The EEOC will notify filers of the opening date "as soon as it is available." More ›

Court Orders EEOC to Resume Collection of Pay Data

In a move directed at addressing inequities in pay and preventing pay discrimination, the United States District Court for the District of Columbia rejected the Office of Management and Budget's (OMB) decision to stay the collection of pay data by the Equal Employment Opportunity Commission (EEOC). Unclear from the Court's decision, however, is when the EEOC will begin implementation of the pay data collection. For employers subject to this requirement, organizing pay records and information will only help streamline their reporting process once it gets underway. More ›

Employers Need to Go Back to the Drawing Board for Their Wellness Program Incentives

Many employers incorporate wellness programs into their group health plans. Studies indicate that such programs, which can provide incentives to employees to encourage healthy behaviors, are offered by more than half of all employers who sponsor a health plan. More ›

EEOC Announces EEO-1 Survey Deadline Extension Due to Government Shutdown

The recent federal government shutdown left the Equal Employment Opportunity Commission (EEOC) mostly shuttered. As a result, the commission has announced an extension of the 2018 EEO-1 reporting period deadline to May 31, 2019. The online reporting period will begin in early March, although the exact opening date has yet to be announced. Employers can visit the EEOC website for updates. More ›

7th Circuit Approves Well-Constructed Lateral Transfer As a Reasonable Accommodation

The Seventh Circuit Court of Appeals recently determined that an Illinois Sheriff’s Department did not violate the Americans with Disabilities Act (ADA) by declining to provide a deputy his requested accommodation, an SUV, and instead transferring him to a position that did not require driving. The deputy had alleged the Department’s failed to accommodate him by refusing to provide him with an SUV, then retaliated against him by transferring him to a courthouse duty position. More ›

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 ›

Search
Subscribe via Email

Blog Editors