Title VII prohibits discrimination on the basis of sex. The Pregnancy Discrimination Act prohibits discrimination on the basis of pregnancy, childbirth or a related medical condition. In EEOC v. Houston Funding, LLC, the trial court held that because lactation is not “pregnancy, childbirth, or a related medical condition,” firing an employee because of lactation or… Continue reading 5th Circuit Holds that Firing Female Employee Because She is Lactating or Expressing Milk is Unlawful Sex Discrimination under Title VII.
The Supreme Court has decided not to review a Seventh Circuit Court of Appeals’ Decision regarding the scope of an employer’s obligation to reasonably accommodate employees with disabilities. As the EEOC explains: “This means that the Seventh Circuit’s decision will stand, holding that ‘reasonable accommodation’ under the Americans with Disabilities Act (ADA) may require employers to provide… Continue reading Disabled Employees May be Entitled to Reassignment to a Vacant Position
In March, we blogged about the new ordinance passed by the Portland City Council that requires employers in the City of Portland with 6 or more employees to provide a minimum of 40 hours of annual paid sick leave beginning in January 2014. There is also a statewide effort to enact legislation requiring paid sick… Continue reading Statewide Paid Sick Leave Legislation & City of Portland Paid Sick Leave
A recent settlement announced by the Justice Department is a reminder that the Americans with Disabilities Act (ADA) extends to more than just employers and employees. The ADA prohibits public accommodations, such as restaurants, from discriminating against people with disabilities in the full and equal enjoyment of the goods or services offered. The settlement arose… Continue reading Restaurant Cannot Deny Service to Patron with Skin Disease
On May 21, 2013, the Governor of Washington signed Senate Bill 5211 which prohibits employers from requesting social media passwords during a job interview or at the workplace, and prohibits employers from requiring employees to “friend” managers or supervisors so as to give employers access to employee social media postings. The law also bars employers… Continue reading Washington Enacts Bill Protecting Employee Social Media Passwords
If so, make sure to review the rules and restrictions first: Oregon: http://www.oregon.gov/boli/TA/pages/t_faq_taminors.aspx http://www.oregon.gov/boli/WHD/CLU/docs/employmentminorsbrochure2012.pdf Washington: http://www.lni.wa.gov/WorkplaceRights/TeenWorkers/default.asp; http://www.lni.wa.gov/IPUB/700-022-000.pdf And remember, special rules apply to hiring minors under the age of 14.
As technology evolves and businesses increasingly rely on electronic devices to conduct business, employers need to consider whether to implement policies that govern employee use of personal devices to access and use company data, as well as employee use of company-owned devices to access personal data. Where an employee is using their property (phone, tablet, laptop,… Continue reading Do You Have a “Bring Your Own Device” Policy?
Last week we posted about the EEOC’s Strategic Enforcement Plan and the agency’s intent to focus enforcement efforts on practices that target workers unaware of their rights or reluctant to use them. Today, the EEOC announced a new case brought in light of the Plan’s goal to eliminate barriers in recruitment and hiring practices. The… Continue reading More on the EEOC’s New Strategic Plan
Are you seeing a pattern here? Yesterday, another agricultural employer settled an EEOC lawsuit for sexual harassment. This time for $650,000. In the case, a female employee was subject to seven years of demands for sex by her supervisor coupled with unwelcome physical contact. When the employee’s co-workers complained to management about sexual harassment, they… Continue reading Another Agricultural Employer in Trouble with the EEOC
Yesterday, the EEOC issued formal guidelines on the role of mental health providers in an employee’s request for reasonable accommodation at work. Of particular interest is the EEOC’s explanation that a condition may be a disability if it makes “activities more difficult, uncomfortable, or time-consuming” for the employee compared to others, and that “a condition does… Continue reading Mental Health Provider’s Role in the ADA Reasonable Accommodation Process