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Can you say this? “We are disappointed you didn’t tell us you were pregnant...
In a word, heck no. Pregnant applicants do not have any obligation to tell you of their condition. And if you call them out on their failure to do so, you may find yourself facing an EEOC lawsuit,...
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What you need to know about English-only rules
Many employers have English-only rules, meaning employees are only permitted to speak English at work. The problem with these rules is that they implicate national origin discrimination. Many courts...
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Did you know? Employers can be liable if their contractors violate Title VII
Del Monte Fresh Produce, Inc. just learned this fact the expensive way. It recently settled a suit filed by the EEOC for 1.2 million. The lawsuit alleged that Del Monte’s farm-labor contractor,...
View ArticleWhat the EEOC has to say about “integrity tests”
Integrity tests are personality tests used by employers to assess the tendency of applicants to be honest, trustworthy and reliable. Reasonable expectations for prospective employers to have, right?...
View ArticleA claim to watch out for in 2014: Retaliation
Calling retaliation “one of the six national priorities identified by the EEOC’s Strategic Enforcement Plan,” the agency filed two retaliation cases in the past couple of weeks. One was on behalf of a...
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How do you train you managers on harassment/discrimination?
The question assumes you provide training, at least for supervisory level employees, on how to comply with their various obligations under federal and state anti-discrinination laws. If you haven’t...
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The EEOC and religious “garb and grooming” in the workplace
Earlier this month the EEOC issued a publication entitled “Religious Garb and Grooming in the Workplace: Rights and Responsibilities.” (See it here) In it the agency addresses employer obligations...
View ArticleEEOC to employers: be careful your ADA forms don’t violate the ADA
The EEOC recently released an informal discussion letter to an employer who inquired about the legality of its ADA forms. While the letter is not binding, it is noteworthy in that it reveals the...
View ArticleThe EEOC’s new Enforcement Guidance on Pregnancy Discrimination
Yesterday the EEOC released a new Enforcement Guidance on Pregnancy Discrimination (see here). The Guidance covers issues ranging from the Pregnancy Discrimination Act’s (“PDA”) application to women...
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Religion in the workplace: an issue that will continue to confound employers
Back in March the EEOC published a guidance entitled Religious Garb and Grooming in the Workplace, aimed at educating employers on their duty to provide reasonable accommodations to sincerely held...
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