A manufacturer in Wyoming agreed to pay $75,000 to settle an EEOC suit alleging that a supervisor harassed an employee about his military service-related Post Traumatic Stress Disorder (PTSD). The suit alleged that the supervisor referred to the veteran-employee by derogatory terms and ridiculed the employee’s PTSD treatments. In addition to the settlement payment, the… Continue reading Harassment and PTSD
Category: EEOC
EEOC Seeks Public Input on Unlawful Harassment Enforcement Guidance
On January 10, 2017, the EEOC published proposed enforcement guidance on unlawful harassment. The guidance, designed for employers and employees, sets forth the EEOC’s views on federal harassment law, and provides explanatory examples and recommended practices for employers to follow. The EEOC is accepting public comment on the proposed guidelines until February 9, 2017. We… Continue reading EEOC Seeks Public Input on Unlawful Harassment Enforcement Guidance
EEOC Issues Guidance for Employees with HIV Infection
Yesterday, the EEOC issued two publications that address important issues for employees with HIV infection. As the EEOC’s press release explains: “Living With HIV Infection: Your Legal Rights in the Workplace Under the ADA” – explains that applicants and employees are protected from employment discrimination and harassment based on HIV infection, and that individuals with… Continue reading EEOC Issues Guidance for Employees with HIV Infection
Give the Woman a Mat to Stand On
We frequently post about employer obligations to accommodate disabled employees. Generally, accommodation is required unless an employer can show that the requested accommodation imposes an undue hardship. Not surprisingly, litigation often focuses on whether a particular accommodation imposes an undue hardship, an analysis that considers the nature and cost of the accommodation, the financial resources… Continue reading Give the Woman a Mat to Stand On
Disability Accommodation for Job Applicants
A recent EEOC press release is a reminder that employer obligations to provide reasonable accommodation extend to job applicants. According to the EEOC, during the interview and orientation process, a Texas employer discovered that two job applicants were hearing impaired (because the applicants were using sign language with each other). The employer refused to provide… Continue reading Disability Accommodation for Job Applicants
DOL Q&A on Pregnancy Discrimination
A Q&A with the Women’s Bureau Director of the DOL about pregnancy discrimination was posted on the DOL’s Blog last week. The post includes an interesting interactive map of laws regarding pregnancy discrimination. The Q&A is here: http://blog.dol.gov/2015/02/13/qa-with-womens-bureau-director-latifa-lyles-on-pregnancy-discrimination/ The map is here: http://www.dol.gov/wb/maps/
Looking to Hire “Fresh” Employees?
If your answer is “yes,” then you better look for an attorney at the same time, because “fresh” is apparently a code word for young, and as a national restaurant chain just discovered, may be the basis of a claim for age discrimination. According to the EEOC, Seasons 52 refused to hire older employees for… Continue reading Looking to Hire “Fresh” Employees?
EEOC 2014 Enforcement Data Released
The EEOC just released statistics on claims filed/settled in 2014. The percentage of charges alleging retaliation reached its highest amount ever: 42.8%. Also of note, on a national basis, the second most common charge filed was for race discrimination (including harassment), followed by sex discrimination (including pregnancy and sexual harassment). In Oregon, 210 charges were… Continue reading EEOC 2014 Enforcement Data Released
$309,000 Buys a lot of Sneakers
Do you have a dress code? Does it require employees to wear shoes? What if an employee asked to wear sneakers as an accommodation for a disability? What if instead of permitting alternative footwear, the employer laid off the employee and then refused to re-hire? A recent settlement with the EEOC establishes that refusing to… Continue reading $309,000 Buys a lot of Sneakers
Check Your Forms
In a lawsuit recently settled by the EEOC, the employer was alleged to have included a text box on an internal form that sought age-based information for certain applicants and allegedly resulted in the exclusion of qualified applicants over the age of 50 for territory manager positions. The EEOC does not specify what was in… Continue reading Check Your Forms
