EEOC and Enforcement Protections for LGBT Workers

In January 2013, the EEOC began tracking information on discrimination charges based on gender identity and/or sexual orientation. From January to September 2013, the EEOC received 667 charges raising allegations of sex discrimination related to sexual orientation and 161 charges alleging sex discrimination based on gender identity/transgender status. The EEOC collected a total of $1,874.148… Continue reading EEOC and Enforcement Protections for LGBT Workers

EEOC Focusing on GINA

Recent EEOC settlements indicate that the agency is aggressively pursuing employers for violations of the federal Genetic Information Non-Discrimination Act (GINA). GINA prohibits the use of genetic information, which includes family medical history, in making employment decisions, restricts employers from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.  Similarly,… Continue reading EEOC Focusing on GINA

Employees Still Cannot Come to Work Stoned

Yesterday, Oregon legalized recreational use of marijuana.  This change in the law does not mean much for employers.  As the Oregonian explained: “Measure 91 does not change Oregon employment law. Employers may mandate drug testing and require employees to follow drug-free workplace policies.” Marijuana continues to be illegal under federal law, and unless and until it… Continue reading Employees Still Cannot Come to Work Stoned

Ability to Comply with Company Policies May be an Essential Function of a Job

On Monday, the U.S. Supreme Court refused to consider an employee’s challenge to lower court rulings that found that the employee’s termination did not violate the ADA. The employee was terminated from his job as a financial advisor after he removed the hard drive from his work computer (which contained confidential information) and took it… Continue reading Ability to Comply with Company Policies May be an Essential Function of a Job