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Be Prepared: Changes to Workplace Wellness Programs Coming in 2019

Though still a year away, employee health plans are in for significant change beginning January 1, 2019.  This modification is the result of a longstanding argument about plan administration.  In October 2016, the AARP sued the Equal Employment Opportunity Commission (EEOC), arguing that the regulations interpreting the Americans With Disabilities Act and Genetic Information Nondiscrimination … Continue Reading

Refusal By Employer to Remove Letter of Reprimand from Employee’s Personnel File Creates Viable Claim for Retaliation

In Munive v. Fairfax County School Board, the Fourth Circuit recently ruled that an employer’s refusal to rescind a disciplinary notice issued after claimant filed a discrimination charge with the Equal Employment Opportunity Commission, and the consequent loss of a promotion, could constitute an adverse action sufficient to create a bona fide retaliation claim.  As such, … Continue Reading

Top 5 Tips for Conducting Pre-Employment Medical Exams

In a recently filed lawsuit, the U.S. Equal Employment Opportunity Commission contends that Consolidated Edison Co. (“Con Ed”) violated the Americans with Disabilities Act (“ADA”) and the Genetic Information Non-Discrimination Act of 2008 (“GINA”) by its use of pre-employment medical examinations. According to the Complaint, Con Ed required applicants to submit to pre-employment medical examinations … Continue Reading

Top 5 Things to Know About Workplace Language Rules

The EEOC filed suit recently in the United Stated District Court for the Southern District of Texas alleging that an employer discriminated against non-Hispanic applicants by requiring that they be Spanish-speaking.  See EEOC v. Champion Fiberglass, Inc., Civil Action No. 4:17-cv-2226.  A copy of the Complaint can be viewed here. The EEOC alleges that this … Continue Reading

11th Circuit: Sexual Orientation Discrimination is Not Actionable Under Title VII

On March 10, 2017, the Court of Appeals for the Eleventh Circuit in Evans v. Georgia Regional Hospital held that sexual orientation discrimination is not actionable under Title VII. In Evans, the plaintiff was a security officer at Georgia Regional Hospital.  During her employment, the plaintiff claimed she was discriminated on the basis of her … Continue Reading

Federal Discrimination Claim Tossed Where Plaintiff Unable to Establish Prima Facie Case

A Louisiana federal district court granted a company’s motion for summary judgment regarding a former employee’s Title VII race discrimination, harassment, and retaliation claims.  Cassimere v. Fastorq LLC. Plaintiff, an African-American male, alleged that during his employment, he was, among other things, issued disciplinary write-ups while non-African American employees were not and that the company … Continue Reading

EEOC Issues Updated Guidance on National Origin Discrimination

The Equal Employment Opportunity Commission recently issued updated guidance regarding national origin discrimination for the first time since 2002.  The new guidance defines national origin discrimination as “discrimination because an individual (or his or her ancestors) is from a certain place or has the physical, cultural, or linguistic characteristics of a particular national origin group.”  … Continue Reading

Job Applicants Cannot Bring Disparate Impact Claims Under Age Discrimination In Employment Act

The U.S. Court of Appeals for the Eleventh Circuit recently rejected a claim that applicants  can sue for disparate impact under the federal Age Discrimination in Employment Act (ADEA).  Villarreal v. R.J. Reynolds Tobacco Company, et al., 2016 U.S. App. LEXIS 18074 (Oct. 5, 2016). The plaintiff alleged that R.J. Reynolds Tobacco Company’s recruiting practices … Continue Reading

EEOC Settles Sex-Based Pay Discrimination Lawsuit

On September 22, 2016, the Equal Employment Opportunity Commission (EEOC) announced that it settled a federal sex-based pay discrimination lawsuit with oil company Santmyer Oil operating as SOCI Petroleum, Inc. (“SOCI”) for $50,000.  The EEOC had filed the lawsuit in September 2015 on behalf of Lori Bowersock alleging that the company violated the Equal Pay … Continue Reading