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Posts in Equal Employment Opportunity Commission (EEOC).
By Katherine Fechte on July 27, 2018 at 12:10 PM

Businessman holding a baby. In an age when companies are more progressive than ever and employers are focused on keeping employees happy and healthy, employee benefits such as vacation days and paid leave are on the rise. Bloomberg reports that more than one in three U.S. employers now offers paid maternity leave beyond the amount required by law, up from one in six earlier this decade. Similarly, benefits such as paternity leave for new fathers and parental leave for new adoptive parents and same-sex couples have become more common.

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By Audrie Howard on July 2, 2018 at 3:50 PM

International world flags shown on badgesIn recent years, “English-only” workplace policies have garnered increased scrutiny under employment discrimination laws on the state and national levels. Employers with these policies need to take note of recent updates to state statutes and regulations governing the lawfulness of “English-only” workplace policies and the overall broadening scope of other bases for discrimination claims.

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By Jill Luft on April 12, 2018 at 9:50 AM

Words "Out of Office" written on a piece of paper held up by a businesswomanAs we reported last fall, the Seventh Circuit Court of Appeals determined that a multi-month continuous leave of absence is beyond the scope of a reasonable accommodation under the ADA. The case was Severson v. Heartland Woodcraft, Inc., 872 F.3d 476 (7th Cir. 2017). After exhausting 12 continuous weeks of FMLA leave for a serious back condition, Severson informed his employer that he would need to remain off work for another two to three months. The Seventh Circuit reasoned that the ADA is an antidiscrimination statute, not a medical leave entitlement, and an employee who needs long-term medical leave cannot work and is therefore not a qualified individual under the ADA.

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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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By Lauren Harris, Lauren Daming, Audrie Howard, Katherine Fechte, Camille Toney on January 25, 2017 at 12:21 PM

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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