Category Archives: EEOC

Why Am I Still Getting Sued By Employees?

(From Industrial Distribution Magazine). After covering union challenges and safety compliance concerns in previous articles, we’ll conclude the series by discussing those common employment law claims that continue to vex distribution employers. I will deviate from the usual format and … Continue reading

Posted in ADA, aging workforce, attitude/culture, discipline and discharge, discrimination, EEOC, employer policies, generational differences, harassment, managing legal matters, supervisor development, whistleblower/retaliation | Leave a comment

The EEOC and OSHA Are Expanding Their Focus To the Whole Company … All of It.

An EEOC “systemic” investigation can be as miserable as a class action lawsuit for employers.  As we have discussed before, the EEOC has encouraged its management and investigators to scrutinize single claimant EEOC charges for possible expansion to a burdensome … Continue reading

Posted in class actions/systemic investigation, discipline and discharge, discrimination, EEOC, employer policies, government inspections, OSHA | Leave a comment

Foolish Comments and Inconsistent Appearing Discipline Get You Sued

Not just supervisors, but also Safety professionals routinely have to respond to or try to prevent various types of employment claims. Why you may ask?  Partly because the supervisor and employees figure that “regulations are regulations,” so the safety dude … Continue reading

Posted in ADA, discipline and discharge, discrimination, EEOC, FMLA, harassment, workers comp | Tagged , , , | 1 Comment

When Is More Leave Not a Reasonable Accomodation?

Cases under the ADA are fact specific.  Often it is difficult to find clear-cut standards for determining if an employee is qualified to perform the essential functions and if an accommodation is reasonable.  In Attiogbe-Tay v. Southeast Rolling Hills LLC, a … Continue reading

Posted in ADA, discipline and discharge, discrimination, EEOC, employer policies, supervisor development | Tagged , | Leave a comment

More On the EEOC’s War On Criminal Background Checks

More from my buddy, Matt Korn, on the costly battles caused by the EEOC’s war on criminal background checks: Strike Two – The EEOC’s Failed Attempts To Limit Background Checks Date: October 1, 2013 By Matthew Korn (Labor Letter, October … Continue reading

Posted in auto industry, background checks/examinations, discrimination, EEOC, employer policies, government inspections, hospitality | Leave a comment

EEOC Loses (Again) On Criminal-Background Checks

  EEOC Loses (Again) On Criminal-Background Checks Date: September 1, 2013 By Edward Harold (Retail Industry Update, No. 3, September 2013) Last year, we wrote about the EEOC’s then-new guidance on the use of criminal-background checks in hiring decisions. [“Using … Continue reading

Posted in background checks/examinations, class actions/systemic investigation, EEOC, employer policies, hospitality, retail | Tagged | Leave a comment

Disturbing Poll On Sex Harrassment

The vast majority of sex harassment cases we see litigated do not have legal merit and that tends to make management labor attorneys wary of harassment claims … at least those that are litigated.  It almost seems as if the individuals … Continue reading

Posted in attitude/culture, discrimination, EEOC, harassment, Uncategorized, whistleblower/retaliation | Tagged | Leave a comment