Uncategorized

WHD Expands FMLA Protections for Employees with Disabled Adult Children

On January 14, 2013, the Wage and Hour Division (WHD) of the Department of Labor published an interpretation on the definition of “son or daughter” as it applies to someone 18 years old or older and incapable of self-care because of a mental or physical disability. This means that an otherwise eligible employee will be […]

So What Exactly Is A Supervisor? An Important Question to be Answered by the USSC!

The United States Supreme Court will hear the case of Vance v. Ball State University in its upcoming term.  The issue in Vance is whether an employee who oversees and directs other employees’ daily tasks, but lacks authority to hire, fire, demote, promote, transfer, or discipline them, is a “supervisor” as defined in Title VII of the Civil […]

FCRA Background Check Notices to be Updated

Effective January 1, 2013, employers are required to update their Fair Credit Reporting Act (FCRA) notices to reflect modest changes to the mandatory Summary of Rights Form.  The recent notice changes are a result of the Consumer Financial Protection Bureau taking over responsibility for enforcing the FCRA from the Federal Trade Commission. The Summary of […]

Do You Know The EEOC Targets?

The EEOC has made it clear exactly what problems it intends to target going forward in its Strategic Enforcement Plan, including systemic recruitment, harassment and hiring practices that are intentionally biased or have an unintentional adverse impact on minorities, women and people with disabilities. Although the draft plan has been submitted for public comment and […]

Retaliatory Hostile Work Environment Claim Recognized in Eleventh Circuit

The Eleventh Circuit is the last appellate circuit to formally recognize a retaliatory hostile work environment claim.  In Gowski v. Peake, 682 F.3d 1299 (11th Cir. June 4, 2012) the court found that recognition of such a cause of action is consistent with the statutory text of Title VII, congressional intent, and the EEOC’s own […]

EEOC Decides That Title VII Prohibits Transgender Status Discrimination

On April 20, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) decided in Macy v. Holder, to overturn the Department of Justice’s refusal to give full consideration to the EEO claim of a transgender federal employee, that discrimination based on gender identity, change of sex, and/or transgender status is discrimination on the basis of sex, […]

EEOC Criminal Background Check Guidance Raises Issues for Employers

On April 25, 2012, the US Equal Employment Opportunity Commission issued updated Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII. You can read a full press release on the updated Enforcement Guidance here. The press release includes a link to questions and answers about the EEOC’s Enforcement […]