Tag Archives: EEOC

Court’s Ruling Requiring The EEOC To Reconsider Its “Wellness” Regulations Is Not Necessarily A Good Thing For Employers

The ruling in the AARP v. EEOC case may be detrimental to employers and their healthcare plans because the EEOC may either reduce the percentage of its allowable inducement (or penalty) below 30% of the employee cost for participation in any employer-sponsored “wellness” program to be considered voluntary or possibly return to its former position that … Continue Reading

Failure to Accommodate Sincere Religious Beliefs Can Be a Costly Mistake for Employers

Last week, in the case of EEOC v. Consul Energy, Inc., the Fourth Circuit affirmed a $586,860 judgment for a coal miner who claimed that his employer (Consul Energy) failed to accommodate his religious beliefs and constructively discharged him when it forced him to use a biometric hand scanner to monitor work hours. The employee … Continue Reading

EEO-1 Form Updated to Include Pay Data

The Equal Employment Opportunity Commission (“EEOC”) just released an updated EEO-1 reporting form that requires employers to provide employee pay data beginning in March 2018. A sample of the proposed form can be found here. Importantly, many companies are not required to complete an EEO-1 form. With limited exceptions, only private employers with one hundred … Continue Reading

Final Rules on Employer Wellness Programs

The EEOC issued its Final Rules on how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to wellness programs employers offer that request health information from employees and their spouses.[1] The main issue at stake was whether such wellness programs, that require disability-related inquiries and/or genetic information as part … Continue Reading

An Update from the EEOC

A couple of weeks ago, employment law practitioners from South Carolina and North Carolina gathered for the 31st Annual NC/SC Labor & Employment Conference. The program was filled with many highlights, including a presentation from David Lopez, General Counsel of the United States Equal Employment Opportunity Commission (“EEOC”). Mr. Lopez discussed the EEOC’s “Top Ten … Continue Reading

Gear Up for HSB’s 2015 HR Law Updates

Haynsworth Sinkler Boyd’s Employment Team is pleased to offer the 2015 HR Law Update in six cities this Fall. Hot Topics. Through these six sessions, you’ll learn about hot topics HR managers are facing today: Immigration, Criminal Background Checks, Independent Contractors, FLSA Violations, Pregnancy Non-Discrimination, and more. Don’t miss out. In one morning, we’ll cover the basics of … Continue Reading

Does Out of Office Really Work?

The EEOC and, subsequently, the Court, supplanted its judgment for an employer’s as to whether physical presence at the office was an essential function of a reseller’s job, determining that a reseller should be permitted to telecommute several days a week despite the fact that the job description required physical presence at the office.  EEOC … Continue Reading

Long Awaited Guidance from the EEOC Regarding Wellness Programs!

The EEOC has issued its long-awaited guidance on wellness programs and what is considered involuntary under the ADA.  The EEOC is the administrative agency charged with enforcing the ADA.  It issued a Notice of Proposed Rule Making (NPRM) of Proposed Rules on April 16 that provides guidance on the extent to which the ADA permits … Continue Reading

PART TWO – Wellness Programs and the ADA: I disagree with the EEOC…

Prior to the EEOC’s lawsuit against Orion Energy Systems, Inc., filed on August 20, 2014 in  federal court in Green Bay, WI, the EEOC had only commented on the validity of wellness programs under the ADA twice and then only in its informal discussion letters.[1] The EEOC maintained in both of its informal discussion letters … Continue Reading

PART ONE – Wellness Programs and the ADA: I disagree with the EEOC…

I disagree with the EEOC –  an employer does not violate the Americans with Disabilities Act (ADA) by offering health insurance premium discounts to those who participate in its wellness program. Orion Energy Systems, Inc., a publicly traded company based in Manitowoc, WI, was sued by the EEOC on August 20, 2014, in an action … Continue Reading
LexBlog