The Ninth Circuit recently held that during an EEOC investigation, employers can be forced to produce “pedigree information” (i.e., name, telephone number, address, and Social Security number) of their employees or employment applicants. The decision broadens the scope of information that the EEOC can obtain during its investigations and gives the EEOC further grounds to investigate beyond what is arguably “necessary” to make a determination on an EEOC charge.
Continue Reading Ninth Circuit Allows EEOC To Obtain Private Employee Information During Investigations
The Final Resolution of EEOC v. Abercrombie & Fitch After the U.S. Supreme Court’s Decision
The EEOC issued a press release on July 20, 2015 announcing that the federal appeals court has dismissed Abercrombie & Fitch’s (“AF”) appeal of the EEOC’s religious discrimination case because AF made the decision to settle the case following the U.S. Supreme Court’s ruling.
Below is a summary of the court proceedings.
The case arose when Samantha Elauf, then a teenager who wore a headscarf or hijab as part of her Muslim faith, applied for a job at an AF store in her hometown of Tulsa, Okla. She was denied hire for failing to conform to the company’s “look policy,” which AF claimed banned head coverings. Elauf then filed a charge with the EEOC, alleging religious discrimination, and the EEOC filed suit against AF charging that the company refused to hire Elauf due to her religion, and that it failed to accommodate her religious beliefs by making an exception to its “look policy” prohibiting head coverings. The trial court granted summary judgment on liability to EEOC after holding that the evidence established that Elauf wore the hijab as part of her Muslim faith, that AF was on notice of the religious nature of her practice, and that it refused to hire her as a result. A jury subsequently awarded Elauf damages for the discrimination.Continue Reading The Final Resolution of EEOC v. Abercrombie & Fitch After the U.S. Supreme Court’s Decision
EEOC Weighs in on Employer Wellness Programs
Employer-sponsored “wellness programs” have become very popular, and are touted for the potential benefits to employees and employers alike: reduced absenteeism, lowered health care costs, reduced injuries, improved morale and productivity. But are these programs compliant with the ADA and other federal laws?
The U.S. Equal Employment Opportunity Commission (“EEOC”) has issued proposed regulations that are hoped to help employers make the most out of wellness programs while complying with the Americans with Disabilities Act (“ADA”). The EEOC is also publishing a fact sheet for small businesses and a “Q&A” for the general public.
Key points from the guidelines:
Employers covered by the ADA (i.e. with 15 or more employees), who generally are restricted from collecting medical information from employees under the ADA, can do so as part of a wellness program. The wellness program must be designed to promote health and prevent disease, and must have a “reasonable chance” of improving health or prevent disease. If it is, an employer may conduct voluntary medical examinations, including voluntary medical histories, as part of an employee health program available to employees, but still must comply with the ADA, including non-discrimination, reasonable accommodation, and confidentiality requirements.
Continue Reading EEOC Weighs in on Employer Wellness Programs
EEOC Issues Updated Guidance Regarding Pregnant Employees Discusses Employer’s Obligation to Accommodate and Not Discriminate
On July 14, 2014 the EEOC issued its updated “Enforcement Guidance on Pregnancy Discrimination and Related Issues” (“Guidance”). The stated purpose of the Guidance is to provide information regarding the Pregnancy Discrimination Act (“PDA”) and the Americans with Disabilities Act (“ADA”) as they apply to pregnant employees. In addition to the new Guidance, the EEOC
WEBINAR – Know What To Do When The Government Comes Knocking: Responding to the EEOC, DFEH, EDD and Other Governmental Agencies
Summary of Program
There is no universal way to prepare for a governmental audit, investigation or inspection. The employment laws governing your workplace have different compliance requirements and governmental agencies have different agendas and degrees of power. This webinar will include tips on whether, and how to, conduct a self-audit; understanding the do’s and don’ts