First up, the EEOC has taken action that was mentioned in its FY2013 strategic plan by more aggressively pursuing the use of criminal background checks as a type of disparate impact discrimination- where a facially neutral policy unfairly discriminates against people in a protected class. Essentially, the EEOC argues that…
In Virginia Beach, Robin Lang just won an important victory against the Virginia Beach Lifesaving Service after having alleged discrimination and retaliation related to her being passed over for a promotion because of her gender. She alleged that, after having been promoted to the position of Crew Chief in 2008,…
First up, the Third Circuit has become the second federal appeals court (following the D.C. Circuit) to rule that President Obama’s recess appointments to the NLRB were invalid, and that therefore some Board actions taken in the wake of those appointments were also invalid for lack of a valid quorum. …
First up this week, Colorado passed an expansive law that prevents the use of a job applicant’s credit history in hiring or employment decisions. The law is broad, basically applying to every employer outside the law enforcement profession, and almost every employee and job applicant is covered by the law. …
This week’s post features an eclectic mix of stories, including a controversial policy mandated by CVS, a court decision from New York that limits the ability of employees to opt out of arbitration agreements, and an interesting look at how some employees are banding together to purchase group healthcare. First,…
The Department of Labor recently issued a new administrative interpretation regarding how the Family and Medical Leave Act is interpreted to allow an employee to care for an adult child. Ordinarily, an employee is entitled to take FMLA leave to care for a child with a “serious health condition.” A…
As promised, here is a look at some of our most interesting blog posts from the past year. The posts highlight important developments in employment law, interesting changes in labor laws around the country, and sometimes eye-catching or just plain bizarre cases and claims. I hope the posts have been…
Here are some quick summaries of a few interesting employment law developments from the past week. The Employer Handbook has an interesting look at a case where a company’s HR manager admitted that the company fired an employee as a form of FMLA retaliation. The employee was scheduled for a month of FMLA…
I’ve posted links to the first two articles by EEO Legal Solutions looking at the EEOC’s Fiscal Year 2012 Performance and Accountability Report. Here, we finish up the series with a look at the final article, which seeks to predict future EEOC policy and provide some takeaways for employers and…
A few days ago I posted a short link to an excellent analysis of the EEOC’s recent Fiscal Year 2012 Performance and Accountability Report. The first segment of the analysis was highly skeptical of the EEOC’s claim that its increased settlement collections were evidence of more successful enforcement of federal…