In a recent decision about an appeal from the U.S. Department of Transportation, the Equal Employment Opportunity Commission (EEOC) left no question it views sexual orientation discrimination as falling within the protections of Title VII of the Civil Rights Act of 1964. The EEOC stated its intent to treat all sexual orientation discrimination as sex discrimination, actionable under Title VII.
OFCCP has changed its approach to compensation discrimination
On August 24, 2018, the Office of Federal Contract Compliance Programs (OFCCP) changed its approach to investigating compensation discrimination. The OFCCP issued Directive 2018-05 entitled “Analysis of Contractor Compensation Practices During a Comp
FMLA certification questions cause major headaches
In a case decided just last month, a federal court in Alabama illustrated the potential risk of making a fairly simple mistake under the Family Medical Leave Act (FMLA). Summary of facts The plaintiff-employee was hired as a full-time materials handl
OFCCP has sent out 1,000 advance audit notices to federal contractors
On February 1, 2018, the Office of Federal Contract Compliance Programs (OFCCP) of the U.S. Department of Labor (DOL) sent out 1,000 corporate scheduling announcement letters (CSALs). These letters notify a contractor that it will be audited for comp
Drug testing and the ADA
Drug testing is a tool commonly used by employers to ensure employees are not illegally using controlled substances at the workplace. But that tool does not come without legal risk. A recent decision by the U.S. Eleventh Circuit Court of Appeals brin
Failure to train managers about the FMLA can lead to hefty verdicts against employers
It’s no secret that training managers about the Family and Medical Leave Act (FMLA) can appear to be expensive for employers. But what happens when managers haven’t received enough training on the FMLA? A recent decision by a U.S. District Court in M
Jul
27
Jun
24
Teachers and other school employees are not allowed to collect unemployment benefits during holidays, spring break, fall break, or summer vacation, because everyone knows that such breaks are an ordinary part of their seasonal work. But what about employees of a private staffing agency who work alongside school employees on a daily basis? Do they get to collect unemployment even though everyone they work with does not?
Jun
11
June is upon us, and with June comes controversial U.S. Supreme Court decisions. This year, that will include a decision on same-sex marriage. At this time of year, it’s always good to prepare your managers for dealing with coffee-break conversations about these controversial employment-related topics. If they become heated, such conversations can cause hurt feelings. Although those hurt feelings are no big deal from an employment perspective, hostile-work-environment allegations can start with a few words about the latest decision. Employers should be careful to monitor such discussions—especially the ones having to do with rights of same-sex couples or transgender employees.
Jun
10
Last month, Lanier Ford attorney Lauren Smith wrote about the EEOC’s federal-sector decisions involving application of the anti-discrimination protections of Title VII to transgender employees. The blog post noted that the federal-sector decision was not binding on private employers, but nonetheless gives important insight into the EEOC’s position on this issue.
Jun
09
The U.S. Supreme Court has unanimously provided some guidance about whether conciliation efforts between the Equal Employment Opportunity Commission (EEOC) and an employer accused of employment discrimination can be judicially reviewed. This guidance came in the case of Mach Mining, LLC, v. EEOC, decided on April 29, 2015.