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 her cubicle. The Agency did not dispute Complainant's assertion that other employees were allowed to have religious symbols at their desks. While a supervisor stated that Complainant's co-workers

EEO

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 Envoy Air to Pay $9.8 Million to Settle EEOC Disability Suit Airlines' Policies Discriminated Against Disabled Employees, Federal Agency Charges PHOENIX - American Airlines and Env

EEO

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.

EEO

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 unkempt for the Banana Republic image.  He warned her that, until she changed her style, she would not be scheduled for anymore shifts.   Unlike the situation that unfolded in our earlier post, in this case, the manager was fired from Banana Republic, and they made the following sta

EEO

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. -EEOC Press Release... EEOC Sues Anchor Staffing For Sexual Harassment and Retaliation After Employee Complained About Sex Harassment, Staffing Company Ended Her Assignment and Denied Her Future Assignments, Federal Agency Charg

EEO

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 Don't Get Pregnant or You're Fired, Orchid Grower Told Employees, Federal Agency Charged FRESNO, Calif. - A Merced County orchid grower will pay $110,000 and provide other relief to settle a pregnancy discrimination lawsuit filed by the U.S. Equal

EEO

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 Agency Charges DETROIT - Professional Endodontics, P.C., a dental surgery practice based in Southfield, Mich., with three locations, violated federal law by firing an em

EEO

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 1, 2016, Appeal No. 0120131804) We'll summarize the salient points: Complainant (CP) was a GS-12 Criminal Investigator in USDA’s Forest Service who worked with local law enforcement to conduct drug operations/investigati

EEO

Through the Eyes of New Investigators – Part 2

In our last post, we shared an interview with new investigator Steve Minor.  In this post, we are sharing our interview with Denise Goldner, who is another one of our EEO investigator training students who made the successful transition into EEO investigations.  After completing the online training, Denise has quickly immersed herself in conducting Federal-sector EEO investigations. EEO Investigator Denise Goldner, Investigator since early 2016 What is your background? I was an administrative assistant and office manager in the construction and heating and air co