Posts Tagged ‘EEOC’

Employers: Use caution when dealing with prescription drug users

Employers often have policies that require applicants or employees to disclose the lawful use of prescription drugs that could impair job performance or potentially pose a safety concern. If you’re one of those employers, you should be aware that the Equal Employment Opportunity Commission (EEOC) has taken the position that such policies may violate the…

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warehouse employee return to work

The dangers of ‘100% healed’ and ‘no restrictions’ policies

The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to qualified individuals with a disability, unless doing so would trigger significant operational difficulties and/or expenses for the employer. Once an employer is aware of an individual’s disability and the possible need for an accommodation to perform their job, it is the…

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employer duty to initiate interactive process

An employer’s duty to initiate the ‘interactive process’ without a request for accommodation from the employee

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to persons with disabilities unless doing so would impose an undue hardship or pose a direct threat to the safety of the employee or others. ADA regulations provide that in order to determine an appropriate reasonable accommodation, it may be necessary for the…

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Sixth Circuit rules Title VII outweighs religious defense in case of transgender employee

While the debate is still not settled as to whether Title VII’s prohibition on sex discrimination applies to LGBTQ workers, at least one more federal appeals court has officially weighed in on the subject. On March 7, 2018, the Sixth Circuit Court of Appeals held that federal anti-discrimination laws include protections for transgender and/or transitioning…

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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…

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Best practices for Oklahoma employers when inquiring about criminal histories

You’ve probably at least heard of the so-called “Ban the Box” movement, a campaign aimed at convincing employers to remove any checkbox on applications designed to elicit information regarding an applicant’s criminal record. Many states, counties and cities have enacted “Ban the Box” legislation, but it’s certainly not the law in all jurisdictions. And the…

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Employer successfully fights EEOC subpoena

Any employer that has gone through an Equal Employment Opportunity Commission (EEOC) investigation knows one thing is certain: you will have to provide mountains of documents. Normally, the EEOC will informally request documents, and the employer voluntarily complies. Other times, the EEOC will request too much information, and the employer refuses to comply. The EEOC…

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