Posts by Elizabeth Bowersox

Business man harassing female coworker

EEOC primed for more aggressive enforcement as sexual harassment charges increase

The Equal Employment Opportunity Commission yesterday announced its final enforcement data for fiscal year 2018, which ended September 30, 2018. As expected, the statistics show a significant increase in the number of sexual harassment charges filed following the #MeToo Movement. There were 7,609 sexual harassment charges filed in 2018, a 13.6% increase from fiscal year…

Read More
website accessibility

Municipalities and universities new targets in ADA website accessibility lawsuits

For years, private businesses have faced demand letters and litigation over the accessibility of their websites by individuals with disabilities, with 2018 seeing a record number of website accessibility lawsuits under the Americans with Disabilities Act.  Now, plaintiffs’ firms are focusing on new targets, including municipalities, county governments, and universities. People with disabilities access websites…

Read More

DOJ confirms websites are covered by ADA, but offers some flexibility to businesses in complying

Hundreds of recent lawsuits have claimed that companies must have websites that are accessible to disabled individuals. The idea is that a website is a place of public accommodation under Title III of the Americans with Disabilities Act (ADA), and therefore must be accessible for all. Common website problems, including incompatibility with screen-reading software, may…

Read More
website accessibility

Is your company’s website compliant with the Americans with Disabilities Act?

A recent wave of lawsuits and demand letters alleging violations of the Americans with Disability Act has begun hitting businesses across the United States. Their new target: company websites. Last year, plaintiffs filed over 800 federal lawsuits — many of which were filed as class actions — in which they alleged businesses were violating the…

Read More

Remarks and inconsistent stories fuel pregnancy discrimination claim

An employer’s shifting rationale for termination doomed it to facing a jury trial on a pregnancy discrimination claim in the recent case Fassbender v. Correct Care Solutions. “What, you’re pregnant, too?” Alena Fassbender worked as a medication aide for Correct Care Solutions, LLC, a nationwide healthcare services company that contracts with jails and prisons to…

Read More

Best practices for employers under the EEOC’s new strategic enforcement plan

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous agenda. Employers hoping for a more employer-friendly EEOC under the new administration may be disappointed by the 2017 Strategic Enforcement…

Read More

Court OK’s termination of diabetic employee for misconduct

A recent federal appeals court decision case upheld an employer’s termination of a diabetic employee for misconduct, despite the employee’s argument that her poor work performance was a result of low-blood sugar. Diabetic employee and performance issues Janna DeWitt worked as a customer service representative in a call center for Southwestern Bell Telephone Company. She…

Read More