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Feb 10, 2020

EEOC complaint at Brockport connected to diversity officer’s firing

An administrative assistant’s federal complaint against The College at Brockport over racial bias has become intertwined with the recent dismissal of Chief Diversity Officer Cephas Archie. The complaint was filed with the Equal Employment Opportunity Commission in late October 2019, but amended just last week to include details about Archie in support of Victoria Elsenheimer’s claim [&hel[...]

Sep 12, 2017

UR’s Seligman, complainants trade barbs over EEOC filing

University of Rochester President Joel Seligman and a group of complainants have exchanged criticism following an equal employment opportunity commission (EEOC) complaint that alleged sexual misconduct by a professor in the school’s Department of Brain and Cognitive Sciences and inaction by the university. The complaint—a 113-page document filed by Dr. Richard Aslin, Dr. Celeste Kidd, [&hellip[...]

Feb 13, 2017

Commentary: The danger of telling an employee ‘I love you’

Of all the heartfelt gestures that can be made on Valentine’s Day — sending roses, a box of chocolates or even just a greeting card — perhaps nothing means more than simply saying “I love you.” But an employer that did just that, and encouraged its workforce to share the same sentiments with co-workers on […]

Jun 17, 2015

Commentary: High court rejects EEOC’s pregnancy bias guidance

On March 25, the U.S. Supreme Court delivered a major rebuke to the Equal Employment Opportunity Commission by unanimously rejecting the EEOC’s most recent, and supposedly comprehensive, guidance on pregnancy discrimination enforcement. The rebuke was delivered in Young v. United Parcel Service, Inc. And it was almost exactly what two dissenting EEOC commissioners anticipated last […]

Jun 9, 2015

Commentary: EEOC opens the door to employer-sponsored wellness programs

Wellness programs are a new trend in the workplace thanks to a provision in the Affordable Care Act that encourages employers to implement these programs. However, not all employers have been quick to jump on board, due in part to a lack of regulatory guidance and some pushback from the Equal Employment Opportunity Commission, or […]

Jan 17, 2014

Employee health surveys could violate federal statute

Could overly broad health questionnaires now issued as part of some employee wellness programs put workers at the risk of discrimination? That is a question currently concerning U.S. Rep. Louise Slaughter. In a letter sent to the members of the federal Equal Employment Opportunity Commission last year, Slaughter expressed concern over employer-issued health questionnaires that […]

Jan 13, 2014

EEOC’s focus may signal forthcoming guidance

The Equal Employment Opportunity Commission’s recent focus on compliance and enforcement issues surrounding laws barring national origin-based job bias has some attorneys wondering if new guidance may be forthcoming. The EEOC held a meeting on Nov. 13 to address the fast-changing ethnic and language demographics of the American workforce and the challenges they place on […]

Sep 3, 2013

EEOC puts new focus on severance agreements

For most employers, severance agreements are essential tools for ensuring that the end of an employment relationship does not lead to litigation. But a recent lawsuit brought by the Equal Employment Opportunity Commission alleging that an overly broad severance agreement itself violated employees’ Title VII rights by chilling their ability to file discrimination charges has […]

Sep 25, 2012

EEOC sues for discrimination

The Equal Employment Opportunity Commission has filed a lawsuit in federal court in Denver alleging that a large retail food company refused to accommodate and unlawfully fired a receptionist at its headquarters because she had bipolar disorder. According to the suit, Dillon Companies, which does business in Colorado as King Soopers, Inc., refused to accommodate […]

Aug 8, 2012

EEOC rules on federal employee complaints

A final rule modifying the complaint process for federal employees claiming discrimination has been issued by the Equal Employment Opportunity Commission. The new rule allows an EEOC complaint challenging a proposal or a preliminary step to a personnel action to be dismissed, unless the federal employee alleges that the proposal is retaliatory. The rule also […]

Aug 2, 2012

Employer isn’t liable for same-sex stereotyping

An employer had no liability under federal discrimination law for homophobic slurs and gestures allegedly experienced by a heterosexual employee, the 5th Circuit has ruled in vacating a $250,000 judgment. The plaintiff worked for the defendant on a construction crew. After being laid off, the plaintiff sued under Title VII, alleging that his crew supervisor […]

May 10, 2012

Ruling could open door to transgender gay bias claims

The recent ruling from the Equal Employment Opportunity Commission holding that transgendered workers can bring employment bias claims under Title VII is a “game changer” in employment discrimination law, and could lead to claims under the act based on sexual orientation. “It is without a doubt a watershed moment,” said Shannon P. Minter, legal director […]

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