Articles and Blogs

On April 16, 2015, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the issuance of a proposed rule that would describe how Title I of the Americans with Disabilities Act (“ADA”) applies to employer wellness programs that are part of group health plans. The proposed rule was officially published in the Federal Register on... READ MORE

Last year, we blogged about a decision issued by the Sixth Circuit Court of Appeals, which has jurisdiction over courts in Kentucky, Michigan, Ohio and Tennessee, that held that allowing a disabled employee to telecommute could be a reasonable accommodation under the Americans with Disabilities Act (“ADA”). Last week, however, that decision was reversed by... READ MORE

The EEOC made headlines earlier this year when it filed suit against CVS Pharmacy, Inc., alleging that the company’s practice of conditioning certain employees’ severance pay on the signing of a separation agreement amounted to a pattern or practice of resistance to the full enjoyment of employees’ rights under Title VII of the Civil... READ MORE

Whether the Equal Employment Opportunity Commission (“EEOC”) is engaging in proper conciliation efforts, prior to bringing a lawsuit, is an issue that many employers have grappled with when forced to the brink during pre-lawsuit negotiations. After the Seventh Circuit Court of Appeals (including Indiana, Illinois and Wisconsin) held, for the first time, that the... READ MORE

The Equal Employment Opportunity Commission on July 14, 2014 issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with Questions and Answers about the guidance and a Fact Sheet for Small Businesses. This is the first comprehensive update of the EEOC’s guidance on the subject of discrimination against pregnant workers since 1983. This... READ MORE

Employers covered by Title VII of the Civil Rights Act are required to reasonably accommodate the religious practices of employees as long as it doesn’t create an undue hardship on the employer’s operations.  Determining whether to accommodate (and how to accommodate) an employee or applicant’s request for a religious exception can be challenging, particularly... READ MORE

If you conduct background checks on applicants or employees, then you are probably aware that there are several laws that regulate the use of background checks for employment purposes.  Specifically, the Federal Trade Commission (“FTC”) enforces the Fair Credit Reporting Act (“FCRA”), a federal law that imposes obligations on employers who use third parties... READ MORE

As the EEOC continues to focus on the use of unpaid leave beyond policy limits as a potential reasonable accommodation and employees continue to request leave extensions, I am frequently asked: “How do I know when enough is enough?”  Unfortunately, the determination of an undue hardship is a factual issue, and the only way... READ MORE

The EEOC’s first systemic lawsuit brought under the Genetic Information Nondiscrimination Act (“GINA”) has resulted in a defendant nursing and rehabilitation center agreeing to settle for $370,000 and other penalties as explained below. Employers will recall that GINA prohibits employers from discriminating and retaliating against employees or job applicants based on genetic information and... READ MORE

EEOC and NLRB Are Idle With the failure of Congress last night to fund the federal government, several of the agencies responsible for the investigation and enforcement of federal labor and employment laws have gone idle. Except for life threatening emergencies, property preservation and actions to accept filings to avoid statutes of limitations, most other... READ MORE