We have discussed (here and here) the problem of the reluctant employee. That is, a furloughed employee who resists the call to return to the workplace because of fear (or at least a perceived or claimed fear) of COVID exposure.
This post tackles the opposite problem: the reluctant employer. A furloughed employee wants
The U.S. Court of Appeals for the Fifth Circuit issued a potentially game-changing decision earlier this month on the EEOC’s Enforcement Guidance on criminal background checks. The case is State of Texas v EEOC (5th Cir. 8/6/2019). An applicant rejected for employment at the Texas Department of Public Safety filed a complaint with
Most employers know they are obligated under the ADA to accommodate mental as well as physical disabilities. In theory that seems easy enough, but in practice mental health conditions are much more difficult to deal with than physical disabilities. For example, a common problem is that the employer often lacks specific information about the nature
U.S. District Judge Linda Reade has become the scourge of the EEOC. On August 1 Judge Reade entered an order sanctioning EEOC nearly $4.7 million for attorney’s fees and expenses CRST Van Expedited incurred to defend itself against a largely frivolous complaint alleging that as many as 270 female employees were subject to a pattern and
Two years ago, Judge Linda Reade of the U.S. District Court for the Northern District of Iowa made headlines when she dismissed an EEOC lawsuit on behalf of 270 current and former female long haul drivers of Cedar Rapids based CRST Van Expedited. What was notable about the decision was not so much the dismissal itself as
One of the best ways to predict this year’s trends in discrimination litigation is to examine last year’s charge statistics from the EEOC and the Iowa Civil Rights Commission. Any person who claims a violation of the state or federal anti-discrimination laws must first file an administrative charge with one or the other of these agencies.
On February 9, 2010, U.S. District Judge Linda Reade ordered the Equal Employment Opportunity Commission (link courtesy of Ross Runkel) to pay Cedar Rapids based CRST Van Expedited $4.5 million in attorney’s fees and costs it incurred to defend itself against a meritless sexual harassment lawsuit.
The action started in 2005 when a CRST employee
Thanks to Molly DiBianca of the Delaware Employment Law Blog for including us in the 2009 list of Top Employment Law Blogs. One of the things I have most enjoyed since launching this blog last April is the collegiality among bloggers and the willingness to share ideas and information.
Always a good source of practical
The EEOC has revised its "Equal Employment Opportunity is the Law" poster. The poster was revised to reflect new federal employment laws, including the ADA Amendments, and the Genetic Non Discrimination in Employment Act ("GINA"). Employers can either obtain a new poster, or a supplement their existing poster. The new posting is mandatory effective November 21
EEOC statistics for the year ended September 30, 2008, the most recent data that is available, show that charges of retaliation increased by 23% compared to the prior year. In addition, more than 1/3 of the charges filed with the Agency allege retaliation as one of the claims. According to this article in The Wall