The EEOC has published the final regulations to support the new Americans with Disabilities Act. See regulations. The ADA was amended in 2008, which amendments then went into effect in 2009.
EEOC Would Not See Retaliation If It Was in Front of Its Face
An employee went to the EEOC. She was being sexually harassed in a pretty blatant manner by the owner of a small company somewhere in the USA. She meets with an investigator who tells her that she has no case, because she has no evidence. EEOC investigators should not give legal advice, but it happens…
EEOC Holds Hearings on Using Credit Histories
The EEOC has held public hearings on an employer’s use of credit reports as a tool with which to screen applicants. Jon Hyman at Ohio Employment Blog discussed one such hearing. See Jon’s blog post. Employers say credit histories help them screen clients and protect against fraud. Employees, especially in this economy, are concerned…
Temp Agency Uses Codewords for Minorities
According to the ABA Bar Journal, the EEOC settled a case against a temp agency in Ohio. The agency used code words to describe the racial background of potential employees. "Chocolate cupcake" referred to young female African Americans. "Hockey players" described young white males.
The case settled for $650,000. The case was pretty egregious…
San Antonio Law Firm Provides Documents
I wrote previously about a San Antonio law firm that refused to provide documents requested by the EEOC. The EEOC even filed suit in federal court to get those documents. Well, the Malaise law firm thought better about it and provided the requested documents, after all. Russ Cawyer reports that the EEOC moved to…
Overt Discrimination in Paris, Texas
The EEOC has found reasonable cause to believe there is overt racial discrimination at a plant in Paris, Texas. Paris is in deep East Texas, more Southern than Western in its culture. The EEOC is seeking to conciliate the matter. See report. The EEOC found that black workers were routinely subjected to racial slurs…
EEOC Issues Subpoena to San Antonio Law Firm
It is not often that the EEOC even issues a subpoena to an employer for records. It is more rare still for the employer to resist that subpoena. But, local San Antonio law firm, The Malaise law firm is doing just that. According to Russ Cawyer, an employer attorney who blogs on employment law…
Automatic Leave Policies Violate the ADA
In a recent settlement with the EEOC, Sears Roebuck agreed to pay $6.2 million to resolve claims made by persons with disabilities. Sears also agreed to enter into a consent decree, which means Sears agreed to perform many other non-monetary tasks in settlement of the claims. The EEOC represented persons with disabilities who had worked…
Big Law is Sued for Discrimination
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Many non-lawyers expect lawyers to follow the law. Not always. In one recent lawsuit, for example, a major law form was sued by the EEOC for age discrimination. The employee claims in this lawsuit that his law firm, Kelley Drye, provides in its partnership agreement that if a partner wishes to continue working past…
English Only Rules Spark Controversy
English only rules always bring controversy, even at a bookstore in New Haven, Connecticut, very near Yale university. The EEOC generally frowns on such rules, but allows them for "business necessity." In this case, the book store is essentially claiming the customers are uncomfortable with employees speaking Spanish. Does the comfort of customers count…