Tag: United States Equal Employment Opportunity Commission

EEOC Increases Fines for Posting Violations

Friday, July 1, 2016

The federal Equal Employment Opportunity Commission (EEOC) announced on June 2, 2016 that covered employers that fail to post the required notices of employee rights under Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) may be hit with civil fines of […] Read More

Equal Employment Opportunity Commission Addresses Equal Pay Rights and the Rights of Pregnant Workers

Monday, June 27, 2016

The federal Equal Employment Opportunity Commission (EEOC) posted three resource documents on its website (www.eeoc.gov) on June 14, 2016 that address equal pay rights and the rights of pregnant workers under federal law. Read More

What Can an Employer Do When Confronted With A False EEOC Discrimination Charge?

Tuesday, October 7, 2014

It is not unusual for an employer to conclude that a discrimination charge filed by an employee with the federal Equal Employment Opportunity Commission (EEOC) is false. Does the employer have a right to terminate or otherwise discipline the employee for filing a false claim? Are there potential pitfalls if the employer decides to conduct its own investigation into the charge but stops short of taking disciplinary action? The July 23, 2014 decision of the U.S. Court of Appeals for the Second Circuit in Cox v. Onondaga County Sheriff’s Department, Docket No. 12-1526-CV, supplies some valuable insights into how New York State employers may be able to reduce the risk of a subsequent retaliation claim when they react to a false EEOC charge. Read More

EEOC Issues Enforcement Guidance on Pregnancy Discrimination

Wednesday, July 16, 2014

On July 14, 2014 the U.S. Equal Employment Opportunity Commission (EEOC) issued an Enforcement Guidance on Pregnancy Discrimination and Related Issues. In this Guidance, the EEOC outlines its views on various pregnancy-related issues, including the scope of the Pregnancy Discrimination Act’s (PDA) coverage (which extends not only to a current pregnancy, but also to past pregnancies and a woman’s potential to become pregnant), the relationship between the PDA and the Americans With Disabilities Act (ADA) and the duty to provide reasonable accommodations, circumstances under which employers may be required to provide light duty to pregnant workers, “parental leave” (which is distinct from medical leave associated with pregnancy or childbirth) as it applies to both genders and general “best practices” to avoid unlawful pregnancy discrimination in the workplace. Read More

U.S. Supreme Court to Tackle the EEOC’s Duty to Conciliate

Thursday, July 10, 2014

On June 30, 2014, the United States Supreme Court granted an employer’s petition for certiorari to address whether a court may dissect the U.S. Equal Employment Opportunity Commission’s (EEOC) obligation under Title VII of the Federal Civil Rights Act of 1964 (Title VII) to conciliate discrimination claims before filing suit and, relatedly, whether employers can use the EEOC’s failure to conciliate as an affirmative defense. Mach Mining, LLC v. E.E.O.C., 738 F.3d 171 (7th Cir. 2013), cert. granted, No. 13-1019, 2014 WL 713205 (June 30, 2014). The Court’s decision to address the EEOC’s duty to conciliate has the potential to significantly change the landscape of employment discrimination cases. Read More

EEOC Informal Discussion Letter Highlights Best Practices for ADA Reasonable Accommodation Policies and Forms

Wednesday, June 18, 2014

The United States Equal Employment Opportunity Commission (EEOC) recently issued an informal discussion letter in response to a letter inquiry from an employer concerning a sample reasonable accommodation policy and accompanying sample forms. Read More