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BT Currents - Hot Topics in Employment Law

04 Mar Should Charging Parties Read Your Position Statement? EEOC Says Yes.

  The EEOC is implementing nationwide procedures that will disclose employer position statements – submitted in response to charges of discrimination – to charging parties and their attorneys upon request during the course of the EEOC’s investigation of the charge.   If the employer’s position statement is provided to a charging party, there is a 20-day period for the charging party to provide a response to the EEOC, but that response will not be provided to the respondent/employer during the investigation, according to a summary…

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29 Feb Seventh Circuit to Review Wellness Program Under Americans with Disabilities Act

  Employers with incentivized wellness programs should keep a close eye on the Seventh Circuit’s treatment under the Americans with Disabilities Act (ADA) of a plastic-maker’s policy that requires medical exams as part of its voluntary wellness program. Previously, a federal court in Wisconsin ruled that the employer’s policy – which required enrolled employees to answer medical history questions, have blood drawn, and have their blood pressure measured – came within the ADA’s “safe harbor” provision because the employees were not at risk of losing…

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17 Feb How to Minimize Retaliation Claims During the Termination Process

Last week, the EEOC recently released its enforcement data for Fiscal Year 2015. Unsurprisingly, retaliation claims continue to rise and made up nearly 45 percent of all charges filed. This statistic is unsurprising given the relative ease it is for an employee to assert a claim.   In most jurisdictions, the employee must only show he or she made a good faith complaint about an employment practice such as discrimination or harassment and, shortly thereafter, the employee suffered some form of adverse employment action such…

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16 Feb Refusal to Exempt Employee from “Mark of the Beast” Hand Scanner Proves Damning for Company

  This week the Equal Employment Opportunity Commission (EEOC) scored a victory on behalf of a man who claimed that his former employer failed to accommodate his religious beliefs. Beverly Butcher, an Evangelical Christian who had worked at a mine operated by Consolidation Coal Co. for 35 years, feared that a biometric hand scanner used to clock employees in and out of work was really a mechanism that affixed upon its users the “Mark of the Beast,” as described in the Biblical Revelations. Butcher, who…

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01 Feb UGH!! Now They Want Wage Info on the EEO-1?!?

  On Jan. 29, the White House announced that the Equal Employment Opportunity Commission (EEOC) will issue proposed regulations to modify the Employer Information Report, known as the EEO-1, to include collecting pay data from employers with more than 100 employees. The EEOC says it needs this pay data to “assist . . . in identifying possible pay discrimination and assist employers in promoting equal pay in their workplaces.”   Currently, the EEO-1 gathers information on employers’ workforces by race, ethnicity, sex, and job category….

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