Equal Employment Opportunity Commission

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 […]