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Posts in Equal Employment Opportunity Commission (EEOC).
By Amy Blaisdell, Audrie Howard, Jill Luft on November 10, 2017 at 10:52 AM

"ADA, Americans with Disabilities Act" written on a piece of paper with a pencil and stethoscope on top.A recent Seventh Circuit case held that additional leave beyond what is otherwise required by leave entitlement laws is not a reasonable accommodation under the Americans with Disabilities Act. This holding provides important guidance for employers. Continue reading for the details of this case and our recommended best practices in light of its holding.

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By Lauren Harris on February 24, 2017 at 3:22 PM

Male and female bathroom sign. With a new year and a new presidential administration, the restroom access debate is a hot topic again.

On Feb. 22, 2017, the Trump administration withdrew the Obama-era directive to public schools that instructed schools to permit transgender students access to restrooms and locker rooms that correspond with their expressed gender identity or risk violating Title IX’s prohibition on sex discrimination. The Trump administration clarified that its action in rescinding President Obama’s guidance was not an attack on the LGBTQ community, but an action taken on the premise that this is a state’s rights issue. Education Secretary Betsy DeVos explained in a statement: “We have a responsibility to protect every student in America and ensure that they have the freedom to learn and thrive in a safe and trusted environment…This is an issue best solved at the state and local level. Schools, communities, and families can find — and in many cases have found — solutions that protect all students.”

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Business shoes moving from 2016 to 20172016 was a busy year for employment law developments on a national level, and 2017 promises to follow suit. To help employers navigate the changes, here is a summary of major developments that may affect your business this year.

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By Lauren Daming on June 22, 2016 at 2:15 PM

Following new rules issued on employer wellness programs, the Equal Employment Opportunity Commission on June 16 released an example of how employers should communicate with their employees about the medical information those programs obtain.

In May, the EEOC issued final rules clarifying that Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act (GINA) allow employers to use incentives to encourage participation in wellness programs that include disability-related inquiries and/or medical examinations as long as the programs are voluntary and the incentives do not exceed certain limits. Now, the EEOC has provided an example of how employers that offer these wellness programs may notify their employees about the specifics.

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By Lauren Daming on May 17, 2016 at 1:14 PM

On May 16, 2016 the EEOC issued final rules amending the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act (GINA) with respect to employer wellness programs. These changes clarify that employers may use incentives to encourage participation in wellness programs that include disability-related inquiries and/or medical examinations as long as the programs are voluntary and the incentives do not exceed certain limits. Additionally, the rules confirm that employers may provide incentives when employees’ spouses—but not children—provide certain health information.

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By T. Christopher Bailey on February 1, 2016 at 4:38 PM

A new proposal announced by the Equal Employment Opportunity Commission (EEOC) would add a requirement that employers submit data on employees’ pay ranges and hours worked on federal EEO-1 forms beginning in September 2017. Companies with more than 100 employees and federal contractors are currently required to annually submit an EEO-1 report that includes information regarding employees’ race, ethnicity and gender.

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By Molly Batsch on September 23, 2015 at 6:00 PM

In a groundbreaking ruling released recently, Unknown v. Anthony Foxx, the U.S. Equal Employment Opportunity Commission confirmed that allegations of sexual orientation discrimination necessarily state a claim of sex discrimination under Title VII of the Civil Rights Act of 1964 (Title VII).

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By Lauren Daming on June 3, 2015 at 8:53 AM

Discrimination and LawIn a concise, seven-page decision, the Supreme Court ruled in favor of a Muslim woman, Samantha Elauf, denied employment by clothing retailer Abercrombie & Fitch (“Abercrombie”) after wearing a headscarf to her interview. The plaintiff was denied employment because her headscarf violated Abercrombie’s “Look Policy” which described the image Abercrombie sought to project within its stores.

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By Amy Blaisdell, Lauren Daming, T. Christopher Bailey on March 26, 2015 at 10:43 AM

5388576411_700edd78b2By a 6-3 majority, the Supreme Court created a potentially new standard by which employers’ accommodations given or denied to pregnant women will be judged under the federal Pregnancy Discrimination Act (“PDA”).

In Young v. UPS, the plaintiff, Peggy Young, was deemed unable to work her part-time driver position once her physician placed her on a 20-pound lifting restriction. Young was placed on an unpaid leave, and returned to work after the birth of her child; however, Young subsequently filed a lawsuit against UPS alleging the company violated the PDA in refusing to accommodate her pregnancy-related lifting restriction and not assigning her to a light duty position. 

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By Amy Blaisdell on December 31, 2014 at 1:21 PM

What is the Illinois Pregnancy Fairness Law?

Pregnancy_Posting_redoEffective January 1, 2015, the Illinois Pregnancy Fairness Law provides workplace protections to all expectant mothers, regardless of an employer’s size. The Illinois Pregnancy Fairness Law amends the Illinois Human Rights Act, adding “pregnancy” as a protected class under state law. “Pregnancy” is defined broadly to mean “pregnancy, childbirth, or other medical or common conditions related to pregnancy or childbirth.” Accordingly, effective 1/1/15, the IHRA prohibits discrimination on the basis of “pregnancy” against applicants and employees and also requires employers to provide accommodations to expectant mothers to enable them to perform the job the job held or sought unless the employer can establishing that doing so would cause an undue hardship on the ordinary operation of the business. The Illinois law also prohibits retaliation against individuals who exercise their right to an accommodation under the law.

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