Wal-Mart Settles Sex Discrimination Suit for $11.7 Million

March 03, 2010 - by: HR Hero 0 COMMENTS

Megaretailer Wal-Mart, called the country’s largest private employer, has agreed to pay $11.7 million to settle a class-action sex discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC). In addition to the money, the settlement announced on March 1 requires Wal-Mart to provide jobs to class members as they become available.

The EEOC’s suit claimed that Wal-Mart’s London, Kentucky, distribution center denied jobs to female applicants from 1998 through February 2005. During that time, the EEOC claims the employer regularly hired male entry-level applicants for warehouse positions but excluded female applicants who were equally or better qualified. The EEOC alleged that Wal-Mart regularly used gender stereotypes in filling entry-level order filler jobs. Hiring officials told applicants that order-filling positions weren’t suitable for women and that they hired mainly 18- to 25-year-old males.

read more…

Price is Right Model ‘Comes on Down’ with Lawsuit

March 03, 2010 - by: HR Hero 0 COMMENTS

It’s not all fun and games on the set of game show The Price is Right. A former model on the show, Brandi Cochran, filed a suit in Superior Court in Los Angeles on March 1 claiming she was harassed and discriminated against for being pregnant, according to a report in The Wrap, an entertainment news website.

Cochran was a model on the show from July 2002 through late February 2010 when she was fired. She is suing CBS and the show’s producer Freemantle Media claiming discrimination based on pregnancy, retaliation for complaining about discrimination and harassment, wrongful termination, breach of contract, privacy violations, and fraud.

read more…

EEOC Proposes Rules Defining ‘Reasonable Factor Other Than Age’

February 18, 2010 - by: HR Hero 0 COMMENTS

The Equal Employment Opportunity Commission (EEOC) has proposed regulations that would define “reasonable factor other than age” under the Age Discrimination in Employment Act (ADEA).

The need for these rules arises in the wake of the Smith v. City of Jackson decision, a 2008 U.S. Supreme Court case in which the Court addressed the appropriate standard for determining whether an employment practice that disproportionately affects older workers and would otherwise violate the ADEA is justified. In Smith, the Supreme Court stated that the “reasonable factors other than age” test, not the “business-necessity test,” was the appropriate standard. However, this decision raised questions about the definition of “reasonable factors other than age.” It is in response to those questions that the EEOC has proposed regulations.

read more…

EEOC Discrimination Charges Set Records in 2009

January 07, 2010 - by: HR Hero 1 COMMENTS

According to an Equal Employment Opportunity Commission (EEOC) announcement yesterday, 93,277 workplace discrimination charges, the second highest level of charges ever filed with the agency, were filed in 2009. Additionally, the EEOC obtained over $376 million in monetary relief for discrimination victims in 2009.

The EEOC received a record high number of private-sector charges alleging disability, religion, and/or national origin discrimination and the second highest number of age discrimination charges on record. Discrimination charges based on race, retaliation, and sex continued to be the type of charges that were filed most frequently. (In 2009, 33,579 race discrimination charges, 33,613 retaliation charges, and 28,028 sex-based discrimination charges were filed.)

read more…

Final ADAAA Regulations Expected Mid-2010

December 09, 2009 - by: Holly Jones 0 COMMENTS

Update: New Final ADAAA Regs published by EEOC

The Equal Employment Opportunity Commission (EEOC) has now begun reviewing the more than 600 comments that were received in response to its proposed ADA Amendments Act (ADAAA) regulations. According to the latest regulatory agenda, the EEOC anticipates the review will be complete — and final ADAAA regulations will be implemented — in July 2010.

read more…

Health Plan Developments: Mental Health Parity, GINA, and Health Risk Assessments

October 23, 2009 - by: HR Hero 0 COMMENTS

By Michelle Sullivan, Holland & Hart LLP

Kathleen Sebelius, U.S. Department of Health and Human Services (HHS) secretary, issued a statement on October 2 indicating that employers awaiting guidance before implementing changes to medical plans required by the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 should not expect regulations to be issued until January 2010 — after the law goes into effect for calendar-year plans. In the absence of regulations, plan sponsors should make a reasonable “good-faith” effort to adhere to the law’s intent.

read more…

Mandatory Federal Labor Law Poster Change for GINA

October 23, 2009 - by: HR Hero 0 COMMENTS

On October 23, 2009, the U.S. Equal Employment Opportunity Commission (EEOC) released a new Equal Employment Opportunity is the Law poster, which includes information on the Genetic Information Nondiscrimination Act (GINA).

The poster was updated to include information about GINA, specifically that employers are prohibited from discriminating against applicants and employees on the basis of genetic information or genetic test results.

read more…

Sears Settlement with EEOC Raises New Concerns on ADA Enforcement

September 30, 2009 - by: HR Hero 0 COMMENTS

by Burton J. Fishman

Sears recently reached a $6.2 million settlement with the Equal Employment Opportunity Commission (EEOC) regarding Americans with Disabilities Act (ADA) violations stemming from the company’s alleged refusal to return injured workers to the job. This is the largest ADA settlement in a single lawsuit in EEOC history. More aggressive enforcement has been promised by the Obama administration across the civil rights/employment discrimination front; this appears to be a product of that new policy.

At the root of the EEOC’s allegations was an “inflexible” workers’ compensation leave policy that had the effect of terminating employees rather than seeking and/or arriving at a reasonable accommodation that would yield a return to work. Although only one employee filed a charge, the EEOC claims that pretrial discovery revealed that hundreds of other employees who had taken workers’ comp leave were also terminated without regard for a return to work or an extended leave under the Americans with Disabilities Act.

read more…

EEOC’s Proposed ADA Regulations Now Available

September 22, 2009 - by: HR Hero 0 COMMENTS

The Equal Employment Opportunity Commission’s (EEOC) Notice of Proposed Rulemaking (NPRM) — which would revise its Americans with Disabilities Act (ADA) regulations to comply with the ADA Amendments Act (ADAAA) — is now available at www.HRhero.com/eeoc/eeoc_proposedregulations.pdf.

The NPRM interprets the requirements of the ADAAA, which Congress passed in late 2008 to make it easier for employees and applicants who allege disability discrimination to establish that they are disabled as defined by the Americans with Disabilities Act. The NPRM will be published in the Federal Register this week, after which the EEOC will accept the public’s comments on the proposal for a period of 60 days. It’s unclear at this time when final regulations will be issued, but they are unlikely to come before the end of the year.

read more…

EEOC Moves Forward with ADAAA Regs

September 18, 2009 - by: HR Hero 0 COMMENTS

The Equal Employment Opportunity Commission (EEOC) has voted to approve a Notice of Proposed Rulemaking (NPRM) that would revise its Americans with Disabilities Act (ADA) regulations to comply with the ADA Amendments Act (ADAAA), which was passed late last year and went into effect January 1, 2009. The ADAAA and the proposed rule make it easier for employees and applicants who allege disability discrimination to establish that they are disabled and therefore entitled to the ADA’s protections.

In a huge departure from the approach taken in the old regulations, the NPRM lists specific types of physical and mental impairments that will “consistently” qualify as disabilities under the ADA, such as deafness, blindness, missing limbs, cancer, cerebral palsy, epilepsy, HIV/AIDS, and severe mental disorders such as bipolar disorder or schizophrenia. In addition, the EEOC emphasizes that: read more…

 Page 5 of 6  « First  ... « 2  3  4  5  6 »