Title VII requires the EEOC to try to eliminate “. . . alleged unlawful employment practice[s] by informal methods of conference, conciliation, and persuasion.” The EEOC is also allowed to sue an employer for discrimination if it “has been unable to secure from the respondent a conciliation agreement acceptable to the Commission.” The Seventh Circuit… Continue reading Employers Cannot Challenge EEOC Pre-Litigation Conciliation Efforts
Month: December 2013
City of Portland Sick Leave News
There is now a website devoted to the City of Portland Sick Leave Ordinance. http://www.oregon.gov/boli/WHD/PDX_Sick_Time/Pages/index.aspx In addition, to assist employers in implementation of the new Sick Time Ordinance, the City and BOLI will offer free training and technical assistance on January 3, 2014. Information about registration can be found here: http://www.oregon.gov/boli/WHD/PDX_Sick_Time/Pages/Employer-Seminars.aspx
Employer’s “No Gossip” Policy is No Good
A recent decision from the National Labor Relations Board addresses an employer’s policy that prohibits employee gossip. The policy stated: “Gossip is not tolerated. Employees that participate in or instigate gossip about the company, an employee, or customer will receive disciplinary action.” The policy described gossip as “an activity that can drain, corrupt, distract and… Continue reading Employer’s “No Gossip” Policy is No Good
EEOC Issues 2013 Performance Report
Here are some interesting facts from the EEOC’s 2013 performance report (for the period from October 2012 to September 30, 2013): The EEOC received 93,727 private sector charges of discrimination. The average time for the EEOC to investigate claims and bring charges to resolution was 267 days. $372.1 million dollars in monetary relief was obtained,… Continue reading EEOC Issues 2013 Performance Report
Release that Does Not Comply with OWBPA Still Valid to Waive State Claims
By now, most employers know that to obtain a valid release of a federal age discrimination claim brought under the Age Discrimination in Employment Act (ADEA), the release must comply with the Older Workers Benefit Protection Act (OWBPA). The release must: specifically refer to rights or claims under the ADEA; advise the employee to consult… Continue reading Release that Does Not Comply with OWBPA Still Valid to Waive State Claims
Jackson Area Save-A-Lot Spends A Lot to Settle Harassment Suit
Today the EEOC announced the settlement of a lawsuit brought against a Jackson, Mississippi grocery store for $325,000. The lawsuit arose from claims that the store manager created a sexually hostile workplace for more than 20 women. According to the EEOC, the manager repeatedly propositioned female employees for sex, even offering money and benefits in exchange… Continue reading Jackson Area Save-A-Lot Spends A Lot to Settle Harassment Suit
City of Portland Sick Leave Poster Now Available
The poster can be found here: http://www.portlandonline.com/fritz/index.cfm?c=55242&a=472271 A draft letter to be used by employers to notify employees about the new law is also available. It can be found here: http://www.portlandonline.com/fritz/index.cfm?c=55242&a=472269
Do Not Ask Job Applicants if they have any “Health Problems”
Unless you are interested in a lawsuit. A recent EEOC news release describes a case in which the employer was alleged to have asked disability-related questions of job applicants including whether the employees had “health problems” or were on any medications and if, so, which ones. In addition, the employer was alleged to have fired… Continue reading Do Not Ask Job Applicants if they have any “Health Problems”
Employee Facebook Post Is Not a “Complaint” about Harassment
In a recent case from the 10th Circuit Court of Appeals, an employee’s comments on Facebook played a key role in the employee’s termination and the employer’s defense of the employee’s retaliation claim. In Debord v. Mercy Health System of Kansas, the employee made three public comments on Facebook during a single workday. The employee… Continue reading Employee Facebook Post Is Not a “Complaint” about Harassment
