Discrimination

ADA INTERACTIVE PROCESS: AVOID THESE COMMON MISTAKES

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government’ programs and services. As it relates to employment, the ADA protects both employees and applicants for employment. Covered employers (15 or more employees) are required to provide reasonable […]

DISCRIMINATION & OUR AGING WORKFORCE

Despite the enactment of the Age Discrimination in Employment Act (ADEA) over 40 years ago, nearly 2/3 of workers ages 55 to 64 report that their age is a barrier to getting a job. A recent study projected that by 2022 (only 4 years from now), 27% of men and 20% of women ages 65 […]

COURT RULES TRANSGENDER DISCRIMINATION VIOLATES TITLE VII

Earlier this month, the Sixth Circuit Court of Appeals—which covers Ohio, Kentucky, Tennessee, and Michigan—ruled that employers cannot discriminate against transgender and transitioning employees. Doing so would violate Title VII of the Civil Rights Act of 1964. This case, Stephens v. R.G. & G.R. Harris Funeral Homes, Inc., is the second ruling from a federal court […]

THE CHANGING LANDSCAPE OF GENDER IN THE WORKPLACE

Male. Female. Nonbinary. The way we think about gender is changing. Employers need to understand this changing landscape so gender-related issues do not arise in the workplace. The Statistics A recent study by the Williams Institute, a part of UCLA Law School, estimated that there are nearly 1.4 million transgender or gender-nonbinary adults in the […]

EEOC RELEASES 2017 ENFORCEMENT DATA

The Equal Employment Opportunity Commission (EEOC) released enforcement and litigation data for fiscal year 2017, which ended September 30, 2017. In 2017, the EEOC received 84,254 workplace discrimination charges and secured $398 million from private employers and state and local government employers through voluntary resolutions and litigation. The breakdown of charges received is as follows: […]

HOW MUCH ADA LEAVE IS REQUIRED?

Raymond Severson, plaintiff in Severson v. Heartland Woodcraft Inc., has asked the United States Supreme Court to clarify how much leave is required under the Americans with Disabilities Act (ADA). The Appeals Courts have issued conflicting opinions on the matter, which has created confusion for employers. The Supreme Court has not decided whether it will […]

HIRING – DISABILITIES & THE APPLICATION PROCESS

The Equal Employment Opportunity Commission (EEOC) enforces the Americans with Disabilities Act (ADA), which requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from employment-related opportunities, prohibits employers from discriminating against individuals with disabilities, and requires employers to offer reasonable accommodations. Charges of disability discrimination have […]

US ATTORNEY GENERAL SAYS TRANSGENDER DISCRIMINATION IN WORKPLACE NOT PROHIBITED BY TITLE VII

The DOJ Changes Stance on Transgender Discrimination in the Workplace On October 4, 2017, United States Attorney General Jeff Sessions issued a memorandum revising the Justice Department’s (DOJ) stance on workplace discrimination based on sex. In the memo, Sessions states that Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers […]

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