EEOC

February 25, 2019

Disability Awareness Month – Settlements in the Millions

Employers must be aware that 41% of all lawsuits filed by the Equal Employment Opportunity Commission (EEOC) in FY 2018 were Americans with Disabilities Act (ADA) suits. Failure to hire, failure to accommodate and attendance and leave policies resulted in settlements in the millions of dollars. The EEOC’s strategic enforcement plan is focused on eliminating barriers in recruitment and hiring that discriminate against protected classes as well as “inflexible” leave policies and systemic harassment. The EEOC is focusing on policies that exclude and screening tools that result in disparate impact on individuals of a protective class. These practices include online […]
February 27, 2017

Eighty Percent of Life is Showing Up

“Eighty percent of life is showing up.” Woody Allen is credited for that expression, as well as a number of variations of the adage which are also attributed to him including “Eighty percent of success is showing up.” The courts have stayed busy determining whether or not employees are qualified when they cannot show up.  When employees either exhaust Family Medical Leave or the employer is not large enough to provide FMLA, disabilities may exist requiring the employer to consider accommodations including unpaid leave under the Americans with Disabilities Act (ADA). To be qualified under the ADA, an individual must […]
September 26, 2016

Retaliation Tops the Charts

Retaliation is the most frequent Equal Employment Opportunity Commission (EEOC)  charge. The EEOC’s fiscal year is October 1, 2015 to September 30, 2016.  The latest numbers will be available in six to eight weeks. It is a safe bet that it will top the charts again this year. Retaliation has been the leading charge since 2009. It tied race discrimination in 2008 and has increased its lead ever since.  The EEOC has released   Enforcement Guidance on Retaliation and Related Issues which is likely to increase these charges. Retaliation is defined as when an employer takes a materially adverse action because […]