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Category Archives: Equal Employment Opportunity Commission

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How the EEOC is Cracking Down on Equal Pay Act Violations in the Food Service Industry

Posted in Discrimination, Equal Employment Opportunity Commission
With the prevalence of gender discrimination lawsuits in the media and the increasing number of equal pay laws nationwide, employers in the food services industry would be wise to review their hiring and payroll practices as soon as possible to ensure that they are not unlawfully contributing to the gender pay gap, or otherwise retaliating… Continue Reading

What #MeToo Means for Employers: Workplace Harassment in the Age of Awareness

Posted in Civil Rights, Discrimination, Equal Employment Opportunity Commission, Harassment, Retaliation, Social Media, Title VII of the Civil Rights Act, Workplace Investigations, Workplace Policies
This past Sunday, actress Alyssa Milano posted the following message on Twitter: Me too. Suggested by a friend: “If all the women who have been sexually harassed or assaulted wrote ‘Me too.’ As a status, we might give people a sense of the magnitude of the problem.” Since Ms. Milano’s original tweet, the hashtag #MeToo… Continue Reading

Feats of Strength: EEOC sues CSX for Employee Strength Tests as Gender Discrimination Under Title VII

Posted in Civil Rights, Discrimination, Equal Employment Opportunity Commission, Government, Hiring, Title VII of the Civil Rights Act, Workplace Policies
The EEOC recently filed suit against CSX Transportation, Inc. (“CSX”) in Federal Court in West Virginia, on behalf of a nationwide class of female employees.[1]  In the suit, the EEOC alleges that CSX’s policy of requiring employees and job applicants to pass certain physical strength tests in order to be eligible for certain positions has… Continue Reading

Back to School, Back to Work – Parental and Family Rights in the Workplace

Posted in Discrimination, Employee Leave Management, Equal Employment Opportunity Commission, Family Medical Leave Act, Paid Sick Leave, Parental Leave, Workplace Policies
The end of August marks the beginning of the yearly “back to school” ritual.  Working parents in particular are hoping for a smooth transition, as this is also the time of year when vacations end and workloads tend to pick up.  But as those of us with children know, balancing work and family responsibilities can… Continue Reading

Transgender Restroom Dispute Continues, Despite North Carolina “Deal” To Overturn Controversial “Bathroom Bill”

Posted in Discrimination, Equal Employment Opportunity Commission, Gender Identity, LGBTQ Employees, Workplace Policies
On Thursday March 30, 2017, Gov. Roy Cooper signed House Bill 142, which repealed North Carolina’s controversial House Bill 2. As previously reported by HR Legalist, House Bill 2 was signed into law on March 23, 2016, and prohibited local government from permitting transgender individuals to use public bathrooms that aligned with their sex or… Continue Reading

Now is the Time for Employers to Update Harassment Prevention Procedures and Get in Compliance with New EEOC Guidelines

Posted in Equal Employment Opportunity Commission, Workplace Policies
On January 10, 2017, the United States Equal Employment Opportunity Commission (“EEOC”) announced that it is seeking public input on proposed “Enforcement Guidance” designed to address harassment in the workplace. The proposed Enforcement Guidance is available here for public comment until February 9, 2017.… Continue Reading

The Gig Economy: Employee or Independent Contractor?

Posted in Equal Employment Opportunity Commission
The gig economy is a domain where companies hire workers for specific projects or “gigs.” Generally these workers retain control over the manner and the means of performing their work and are classified as independent contractors. Currently, the gig economy is booming, as Time Magazine’s recent survey estimated that it includes over 14 million people.… Continue Reading

Predicting the Unpredictable — Labor and Employment Law Under President-Elect Trump

Posted in Equal Employment Opportunity Commission, Government, NLRB
It’s been almost two weeks since Donald Trump was elected president, and information has been starting to emerge about his potential administration and policies. This week, HR Legalist examines some of the potential developments that employers can expect in the areas of labor and employment law during the Trump administration.  Of course, our readers should… Continue Reading

EEOC Continues to Slam the Brakes on Employer Dress Code Policies

Posted in Equal Employment Opportunity Commission, Workplace Policies
Nearly all employers maintain a dress code, oftentimes for different reasons. For example, service employees may be required to wear uniforms so that customers can easily identify them. Likewise, construction and manufacturing employees may be required to wear protective clothing to mitigate safety risks. Although state and federal anti-discrimination legislation recognizes an employer’s legitimate need… Continue Reading

“Backlash Discrimination” and “Complex Employment Relationships” at the Heart of the EEOC’s 2017-2021 Strategic Enforcement Plan

Posted in Discrimination, Equal Employment Opportunity Commission
On October 17, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) unveiled the adoption of its 2017-2021 Strategic Enforcement Plan (“SEP”). The SEP, which was approved by a 3-2 vote, outlines the Commission’s goals and strategies for enforcing the anti-discrimination laws under its purview for the next four years. On the whole, the… Continue Reading

One Expensive Bottle of Orange Juice: Denial of a $1.69 Orange Juice Costs Dollar General $277, 565 in Back Pay and Damages

Posted in Americans with Disabilities Act, Discrimination, Equal Employment Opportunity Commission, Workplace Policies
On September 16, 2016, a Tennessee jury awarded Linda Atkins, a former Dolgencorp LLC (“Dollar General” or the “Company”) Sales Associate, $277,565 in back pay and compensatory damages after being fired for drinking orange juice prior to paying the $1.69 cost to prevent a diabetic episode.… Continue Reading

EEOC Supports NLRB’s Joint-Employer Standard before DC Circ.

Posted in Equal Employment Opportunity Commission
On September 14, 2016 the Equal Employment Opportunity Commission (“EEOC”) filed an amicus brief in the D.C. Circuit expressing support for the National Labor Relations Board’s (“NLRB”) loosened standard of a joint employer. Under this loosened standard, a joint-employer relationship can exist if an employer exerted “indirect control” over the terms and conditions of employment.… Continue Reading

Spring Forward: Constructive Discharge Clock Doesn’t Start Until Employee Gives “Definite Notice” of Intent to Resign

Posted in Discrimination, Equal Employment Opportunity Commission, Terminations
On Monday, the Supreme Court resolved a circuit split over the deadline for employees to pursue their administrative remedies in connection with constructive discharge claims under Title VII.  Generally, employees must file a charge of discrimination with the EEOC no later than 180 days from the date that the alleged discrimination took place. This deadline… Continue Reading

FLUSHED: The Debate Over Bathroom Access Rights for Transgender Employees Continues

Posted in Equal Employment Opportunity Commission, Gender Identity, LGBTQ Employees, Sexual Orientation Discrimination, Title VII of the Civil Rights Act, Workplace Policies
America is currently in the midst of a debate over sex segregated public bathrooms and their impact on the bathroom access rights of transgender individuals. Over the past few years, there’s been a wave of state legislation around the United States requiring that individuals utilize the bathrooms that correspond to the biological sex identified on… Continue Reading

New Federal Workplace Safety Rules Announced Today

Posted in Equal Employment Opportunity Commission, Gender Identity, LGBTQ Employees, OSHA, Sexual Orientation Discrimination, Title VII of the Civil Rights Act, Workplace Policies
The Occupational Safety and Health Administration (OSHA) on Wednesday, May 11, finalized a new recordkeeping and reporting rule that requires employers in certain industries to electronically submit injury and illness information, and bars employers from retaliating against workers for reporting such incidents. OSHA will post the data from these submissions on a publicly accessible Web… Continue Reading

U.S. Women’s Soccer Scores Visibility for Pay Discrimination

Posted in Equal Employment Opportunity Commission
As our readers may have heard, the star members of the U.S. women’s soccer team filed a wage discrimination complaint against the U.S. Soccer Federation (USSF) with the Equal Employment Opportunity Commission (EEOC). In the complaint, the players cite USSF figures from last year showing that they were paid, on average, 40% of their male… Continue Reading