Changes in schedule are common reasonable accommodation requests. In this case, from EEOC’s 1st quarter Digest of Equal Employment Opportunity Law, an agency forced the complainant to take an hour of leave each day, rather than permitting him to alter his schedule, which resulted in a finding of discrimination… Complainant requested to change to a later shift…
Category: EEO
A Thorny Situation…
This EEOC decision from its 1st quarter Digest of Equal Employment Opportunity Law provides an interesting example of religious discrimination and perceived mental disability overlapping to result in a finding of discrimination. The Commission found that the Agency discriminated against Complainant based on her disability when it asked Complainant to remove a Crown of Thorns from…
The Not So Friendly Skies
This recent settlement of a class action disability discrimination lawsuit highlights the importance of employers not having a blanket policy that bars employees with medical restrictions from returning to work without an interactive dialogue to determine if they could have been returned to work with a reasonable accommodation… PRESS RELEASE 11-20-17 American Airlines and…
EEOC’s Latest Quarterly Digest
EEOC has released its most recent Quarterly Digest which has some great information for all EEO professionals. There is a particularly interesting article entitled, “Race Discrimination in the 21st Century Workplace” also included in the Digest. You’ll find the Quarterly digest here: https://www.eeoc.gov/federal/digest/vol_4_fy17.cfm#article
Are You an Experienced EEO Investigator?
If so, Art of Resolution is seeking experienced (1-year minimum) certified EEO investigators interested in conducting telephonic investigations as independent contractors. For this opportunity, investigators must be located in Boston, New York, Philadelphia, Washington DC Metro Area, Atlanta, Chicago, Denton (Texas), Denver, Oakland and Seattle. Resumes should be emailed to admin@artofresolution.
Making a Wrong Right
It’s hard to keep up with all of the EEO and diversity-related news these days, so in case you missed it, read about it here… In this case, an African-American woman was fired from Banana Republic for wearing her hair in box braids. A manager told the woman that her braids were too urban and…
Sexually Harassed? You’re Fired!
With the topic of sexual harassment in the news, this case from EEOC is an important reminder of the importance of management taking immediate and appropriate action when an allegation of sexual harassment is made. It’s clear from this case, as well as growing reports of sexual harassment in various industries, more training is needed….
Pink or Blue… You’re Fired!
In our last post, we shared a case where EEOC is suing a company for age discrimination. In this case, the Dash Dream Plant settled a case where they told female employees they would be fired if they got pregnant… EEOC Press Release- Dash Dream Plant to Pay $110,000 to Settle EEOC Pregnancy Lawsuit…
Happy Birthday… You’re Fired!
In Federal-sector EEO investigations, we don’t often see direct evidence of discrimination. In this private sector case, EEOC is suing a dental surgery practice for its mandatory retirement policy… –EEOC Press Release: EEOC Sues Professional Endodontics for Age Discrimination Dental Surgery Practice Fired Employee Four Days After 65th Birthday Due to Mandatory Retirement Policy, Federal…
Regard at Your Own Risk…
We are often asked, during EEO-related training, for examples of “regarded as” as it relates to disability discrimination. This is a less common allegation raised in EEO complaints, but it’s important to recognize what it looks like. This example comes from an EEOC appellate decision (Johana S., 1 v. Department of Agriculture (Forest Service), July…