The EEOC announced its Strategic Enforcement Plan for the fiscal years 2017 to 2021 which outlines the areas upon which the EEOC will focus its litigation and investigation resources in the next four years. Employers should anticipate that the EEOC will be aggressively prosecuting discrimination and other violations that affect the most vulnerable employees, including […]
Employment Law
Businesses Cannot Discriminate Against Transgender Employees
Transgender bathroom rights have been in the spotlight this year. The nation’s schools have been grappling with the issue of which locker rooms should transgender students be allowed to use. Businesses have also been drawn into the issue as they try to avoid gender discrimination in the workplace. Target stores recently made a public […]
Employer Use of Covenants Not To Compete Threatened By New Law
Employees given access to the trade secrets, customer lists and other confidential materials vital to the operation of a business can easily use that information against the interests of their former employer when their employment comes to an end. Covenants not to compete have been used by businesses to protect themselves from competition from former […]
Employers Under Pressure To Comply With Ban-The-Box Laws
The “ban-the-box” movement has grown across the United States. The purpose behind the movement is to encourage federal, state and local governments to enact employment laws to restrict or eliminate questions on employment applications asking applicants about their criminal history.
The Hot Employment Law Issue That You Can’t Ignore: “Which Bathroom?”
The calls from employers come into our office several times a week seeking legal advice about the use of bathrooms by transgender employees. It’s an issue that federal regulatory agencies and the U.S. Supreme Court are racing to address as transgender employees assert their rights. My advice to clients who own businesses may not be the easiest solution to enforce, but I believe it’s where the emerging laws on this topic will eventually settle.
An EEOC Subpoena Can Greatly Expand The Scope Of The Initial Discrimination Charge
In EEOC v. Aerotek, Inc., No. 15-1690, March 4, 2016, 7th Circuit, the EEOC filed suit against the employer and applied for an order to enforce the EEOC’s administrative subpoena against the employer (a temporary staffing agency). The EEOC had investigated the employer to assess the employer’s compliance with the ADEA. The EEOC sought information […]
To Have A Cause Of Action An Employee Has To Apply For The Position Into Which They Were Not Promoted.
In Jaburek v. Foxx, No. 15-2165, January 13, 2016, 7th Circuit, the employee filed a Title VII and Equal Pay Act claim alleging that her employer failed to promote her to the Program Analyst position that she was actually performing and for which she was receiving less pay than her male co-workers. The employee had […]
Offering Severence Pay In An Agreement Which Would Deter Filing A Complaint With The EEOC Does Not Violate Title VII
In Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., No. 14-3653, December 17, 2015, 7th Circuit, CVS fired a store manager and offered her a severance agreement which she signed. The agreement included a broad release of waivable claims relating to her employment, including claims under Title VII. The agreement expressly carved out the manager’s […]
McKenna Employment Bulletin – October 2015
FALSE WORKER’S COMPENSATION CLAIM STOPS TITLE VII ACTION STATEMENT THAT WOULD NOT HIRE A CAUCASIAN IF A QUALIFIED MINORITY WAS AVAILABLE WAS NOT EVIDENCE OF DISCRIMINATION FALSE TIMESHEETS PREVENT A TITLE VII CLAIM AGE-RELATED STATEMENTS SUPPORT AN ADEA CLAIM SEVERE EMPLOYMENT CONDITIONS SUPPORT AN FMLA CLAIM EMPLOYER’S FAILURE TO STOP RUDE BEHAVIOR DOES NOT CREATE […]
McKenna Employment Bulletin – September 2015
THE EEOC DOES NOT HAVE TO NAME A REJECTED JOB APPLICANT TO BRING SUIT COURT CAN LIMIT THE SCOPE OF A RESTRICTIVE COVENANT TAMPERING WITH AN EMPLOYEE’S WORK PRODUCT AND ASSIGNING DIFFICULT WORK SUPPORTS A TITLE VII ACTION RESULTS OF THEFT INVESTIGATION STOPS A TITLE VII SUIT FAILURE TO REQUEST AN ACCOMMODATION AND BEING AN […]