Questions and answers on accommodating employees with mental disabilities

April 16, 2017 0 COMMENTS

by Jonathan R. Mook

The following article answers some common questions about the Equal Employment Opportunity Commission’s (EEOC) recently promulgated guidance on the Americans with Disabilities Act (ADA) and mental health conditions.

Q Why should employers review the EEOC’s mental health guidance?  Head with gears

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EEOC provides guidance on mental health conditions in the workplace

March 19, 2017 0 COMMENTS

by Howard Fetner

The Equal Employment Opportunity Commission (EEOC) recently issued a resource document explaining the rights of job applicants and employees with mental health conditions. The document explains that applicants and employees with mental health issues are protected from discrimination and harassment based on their conditions, may be entitled to reasonable accommodations, and have a right to privacy regarding their medical information.  EEOC-jpg

Background

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May we fire employee who doesn’t fit in?

February 19, 2017 2 COMMENTS

EEOC issues new guidelines on national origin discrimination

February 19, 2017 0 COMMENTS

by Saul Glazer

With the increase in terrorism and attention given to immigration- related complaints, there is commensurate potential for workplace conflict and harassment related to national origin. The Equal Employment Opportunity Commission (EEOC) recently issued new guidelines to help employers prevent national origin discrimination in the workplace. This article discusses national origin discrimination and highlights the key examples in the EEOC’s newly issued guidelinesEEOC-jpg

National origin discrimination defined

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Are rules for same-sex marriage about to change in Texas?

February 06, 2017 0 COMMENTS

by Jacob M. Monty

The Texas Supreme Court recently announced that it will review a case arguing that Texas employers shouldn’t be required to spend taxpayer funds to provide benefits to employee spouses in same-sex marriages, even if they do offer benefits to employee spouses in opposite-sex marriages. Depending on the outcome of the case, the ruling could lead to plenty of confusion over what Texas employers are required to do (and prohibited from doing) when it comes to employee benefits.  Justice is served

Background

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Walking the workplace proselytizing tightrope

January 15, 2017 0 COMMENTS

by David L. Johnson

“Have a blessed day.” “I’m praying for you.” “Are you a believer?” “Would you be interested in attending church with me?” Comments and questions like those may be common in your workplace. On the one hand, Title VII of the Civil Rights Act of 1964 bars employers from discriminating against employees because of their religion. On the other hand, employers have a legitimate interest in preventing employees from expressing their religion in a manner that is disruptive to business operations and preventing proselytizing from creating a religiously hostile work environment. That can be a real tightrope walk because it’s often unclear where the line should be drawn.  Tightrope walker businessman

Title VII requires employers to provide reasonable accommodations for employees’ sincerely held religious beliefs. That may present challenges when an employee claims that a need to share her faith or seek to convert others is a fundamental tenet of her religion. Employers need not provide accommodations that would impose an undue hardship. Of course, what amounts to a “reasonable” accommodation and what kind of hardship is considered “undue” is open to interpretation. The Equal Employment Opportunity Commission (EEOC) has interpreted an “undue hardship” to be a hardship that presents “more than a minimal burden on [the] operation of the business.” An accommodation that would impede coworkers’ right to work in an environment free from religious harassment would be considered an undue hardship.

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U.S. Supreme Court to consider transgender restroom lawsuit

January 15, 2017 0 COMMENTS

by Ryan B. Frazier

During the 1990s, Saturday Night Live, a popular TV sketch comedy show, featured a recurring gender-ambiguous character, Pat. The gag in Pat’s comedy sketches often involved others’ failed attempts to determine the seemingly androgynous character’s gender. The skits played off the then-prevailing view that a person’s gender falls into one of two categories: male or female.  Gender transition concept

Society’s view of gender has evolved significantly since then. The rigid dichotomy of a two-gender world view is frequently challenged and, in some cases, rejected outright. As society’s views on gender morph, the law is attempting to keep pace.

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What’s gender identity got to do with work?

December 18, 2016 0 COMMENTS

by Amanda M. Jones

From Bruce Jenner’s announcement that he was transitioning to become a woman named “Caitlyn” to North Carolina’s passage of a so-called bathroom bill requiring schools and public agencies to restrict bathroom use to the facility corresponding to a person’s biological sex at birth, gender identity issues have become the subject of significant policy debate, lawsuits, and mainstream conversation. Gender identity is also increasingly becoming a more prevalent issue in our workplaces.  Gender Identity

Is transgender discrimination in employment illegal?

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EEOC announces new strategic enforcement priorities

November 20, 2016 0 COMMENTS

by Leslie E. Silverman

The Equal Employment Opportunity Commission (EEOC) broke new ground in late 2012 with the release of its first Strategic Enforcement Plan (SEP) publicly identifying its top enforcement priorities. Since that time, the EEOC’s enforcement and litigation program has largely focused on the priority areas laid out in the SEP:  Book of Compliance

  1. Eliminating barriers for recruiting and hiring;
  2. Protecting vulnerable workers;
  3. Addressing select emerging and developing issues;
  4. Ensuring equal pay protections;
  5. Preserving access to the legal system; and
  6. Preventing systemic harassment.

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DOJ and EEOC release ‘Advancing Diversity in Law Enforcement’ report

November 20, 2016 0 COMMENTS

by Sean D. Lee

On October 5, 2016, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) released a joint report aimed at helping law enforcement agencies across the country recruit, hire, and retain diverse workforces.  Police presence at Trump rally

The comprehensive report, “Advancing Diversity in Law Enforcement,” presents the findings of a joint research initiative by the DOJ and the EEOC launched in December 2015 to understand the barriers that undermine diversity in law enforcement and highlight “promising practices” to increase diversity. The report arrives amid an intensifying national conversation about race and policing, although it stresses that diversity also includes characteristics like sex, sexual orientation, religion, language ability, and life experience.

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