mitigating liability

May 30, 2013

EEOC: working smarter

The Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL) and the Department of Justice (DOJ) have been working together; sharing and coordinating information. This collective enforcement can result in an employer having multiple claims from various agencies due to a single issue. This combination has other synergistic results; including the ability to initiate class-action lawsuits. The EEOC’s mission is to “stop and remedy unlawful employment discrimination,” to achieve the EEOC’s vision of “justice and equality in the workplace.” EEOC developed a strategic enforcement plan (SEP) to effectively carry out its mission. The SEP establishes the Commission’s priorities for […]
April 25, 2013

How To Avoid Retaliation Claims

Employers must be aware of the wide and deep exposure to retaliation claims. Retaliation hit the top of the charts for claims of discrimination. In 2011, it comprised over 37% of all Equal Employment Opportunity Commission (EEOC) claims, compared with race at 35% and gender (28%). The number of retaliation claims have doubled since 2000. There were 37,334 retaliation claims filed with the EEOC in 2011. Legislative and case law have broadened the scope of retaliation and those protected against retaliation. EEOC’s 2013 agenda includes a focus on retaliation. Case law has lowered the burden for establishing retaliation. There has […]
January 4, 2013

Indiana’s Legislative Year in Review

Four new employment laws went into effect in Indiana in 2012; Right-to-Work, Smoking Ban, Criminal History Restrictions and redefining the Blacklisting Statute. A well-publicized two-year struggle ended when Governor Daniels signed the Right-To- Work Law (RTW) in February. The law became effective for union contracts created, renewed or altered on or after March 14, 2012. As a result, employees are free to join or not join a union. Employees cannot be required to pay union dues or assessments of any kind, in any amount to a labor organization, a charity or any third party as a condition of employment. RTW […]
August 30, 2012

Gray Rights

One of today’s most significant employment trends is older workers who are staying employed and planning to remain employed. People have been extending their work years since the early 1990’s. Workers 55 and older made up 12.9% of the workforce in 2000. According to the Department of Labor, that group will be 20% of our workforce by 2015. A 2010 survey conducted by the Employee Benefit Research Institute showed workers 50 and older who planned to retire at or before 62 declined to 7.4%. Health care expense is the single cost factor that keeps people from retiring. The economic downturn […]