Archives: Equal Employment Opportunity Commission (EEOC)

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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

A Drill Down on Pence’s Policy in Context of Avoiding Workplace Discrimination

David Donovan of South Carolina Lawyers Weekly posted an article, “The Pence Policy: Male-Female Interaction Rule May Have Pitfalls for Employers”, which addresses how Vice President Pence’s policy to never eat alone with a woman other than his wife might disadvantage women if the policy was employed in the workplace because of lost mentoring or … 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

Will South Carolina Ban the Box?

In prior posts, we have noted that HR professionals should acknowledge the tension between making hiring decisions based on an applicant’s criminal history and avoiding Title VII liability, if refusing to hire certain individuals based on these prohibitions results in disparate treatment of or disparate impact on protected classes of individuals under Title VII (e.g., … 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

Another Win for Wellness

On Monday, September 19, the U.S. District Court for the Eastern District of Wisconsin issued an opinion finding that penalizing an employee by requiring the employee to pay the entire premium for participation in an employer’s healthcare plan if the employee refused to complete a voluntary health risk assessment to participate in the employer’s wellness … Continue Reading

EEOC Seeks Comments on Proposed Enforcement Guidance to Address National Origin Discrimination

The EEOC recently issued Proposed Enforcement Guidance to address national origin discrimination, which noted that 11% of the charges of discrimination received from the private sector allege national origin discrimination. The guidance is meant to assist EEOC’s staff investigating national original charges and EEOC lawyers instituting litigation, as well as to assist employers and employees. … 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

The EEOC Just Said Harassment Training Doesn’t Work?

The U.S. Equal Employment Opportunity Commission’ (EEOC) commissioned a Select Task Force on the Study of Harassment in the Workplace which concluded that the past 30 years of corporate training has had no effect on preventing workplace harassment. As a result, two EEOC Commissioners are calling for the EEOC and all employers to “reboot” workplace … Continue Reading

News from the EEOC

The Equal Employment Opportunity Commission (EEOC) has been busy this spring, issuing guidance left and right! On May 9th, it issued guidance to employers about leave as an ADA accommodation.  On May 16th, it issued its Final Rule on wellness programs.  Then, on June 2nd, it issued proposed guidance on national origin discrimination.  We will … Continue Reading

What to Know About the “Bathroom Bills”

restroom signIf you have been following the news the last few weeks, you probably heard about North Carolina’s controversial new law that blocks local governments from allowing transgender individuals from using public restrooms that correspond with their gender identity. House Bill 2, the Public Facilities Privacy & Security Act, is the latest development in the culture … Continue Reading

It Depends on What the Meaning of the Word “Sex” Is

Last week, the EEOC initiated two separate lawsuits against private employers alleging that the employers discriminated against employees on the basis of sexual orientation. Both cases involve allegations of sexual harassment and hostile work environment against homosexual employees.  The first case, EEOC v. Scott Medical Center, was brought against a health care provider in Pennsylvania, … Continue Reading

A Win for Wellness Programs

The EEOC’s thwarting of otherwise compliant wellness programs under the auspices of the Americans with Disabilities Act (ADA) is a bone of contention for many in our industry, me included. So I was intrigued to learn that a Wisconsin federal district court recently ruled that an employer may require mandatory participation in its wellness program … Continue Reading

Federal Government Announces Plan to Collect Pay Data from Large Employers

The White House, Equal Employment Opportunity Commission (“EEOC”), and Department of Labor (“DOL”) announced Friday, January 29, a new plan to address payment discrimination against women and minorities. Under the proposed plan, the federal government intends to collect pay data from employers with over one hundred employees. The EEOC will collect the data by revising the … 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