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Who’s telling the Truth in “He said, She said” Harassment Complaints
In many harassment complaint cases, there are no witnesses and an investigator is left with the statements of harassment from the complainant and the denial from the alleged harasser. When there are conflicting versions of events, an investigator must review relevant factors to help determine who may be telling the truth. It is important for......
Using Post Offer Medical Questionnaires? Be Careful, Use Correctly
If your company uses post-offer medical questionnaires for new hires, listen up.  How you use the form and when you use it matters to the EEOC.  Additionally, make sure your company knows how to use the medical information and discuss results with the employee.  This month an Alabama contractor that used post-offer medical questionnaires and su...
2018 EEO-1 Survey website now open (due March 31)
Starting in February, the EEO-1 Joint Reporting Committee’s website began accepting online submissions of demographic data from qualifying companies.  Earlier, qualifying entities were mailed notices explaining the reporting schedule and instructions.  The 2018 EEO-1 reports (for data in the last quarter of 2017) must be filed by March 31,...
How to Investigate a Sexual Harassment Complaint
With the ever-expanding news of sexual harassment complaints against Harvey Weinstein, Kevin Spacey and other Hollywood “A” listers, there is a national spotlight on harassment. If an allegation of harassment occurs at your organization, are you prepared to respond quickly and competently? First, almost every company should have a writt...
EEOC Ditches Plan to Require Wage Data on the EEO-1 Form
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that the upcoming EEO-1 reporting form will not contain pay data collection information – confirming that the Trump Administration was ditching plans developed by the Obama Administration to expand the data collected on the EEO-1 form by adding a requirement to repor...
Gender non-Conformity Discrimination is Actionable under Title VII in Florida
In an important decision affecting Florida employers, on March 10, 2017, the Eleventh Circuit Court of Appeals decided that sexual orientation discrimination is not actionable under Title VII.  Title VII is the federal law that protects employees from employment discrimination in the workplace, but it is not the only law.  Florida state law, as w...
Wellness Program Lawsuit Settled, Employer Pays $100,000 and Changes Program
MINNEAPOLIS — On April 5, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it has resolved its lawsuit against Orion Energy Systems, a Wisconsin lighting company after it challenged its wellness program under the Americans with Disabilities Act (ADA).  The lawsuit also alleged that Orion Lighting retaliated against an ...
Employer must consider Reasonable Accommodations after FMLA expires
On March 3, 2017, Real Estate Services giant Cushman & Wakefield, headquartered in Chicago), agreed to a $100,000 settlement with the EEOC to resolve a disability lawsuit involving an Administrative Assistant with breast cancer.  A nine (9) year employee requested a medical leave of absence under the Family and Medical Leave Act (FMLA) for bre...
Misuse of Prescription Medication Impacts 70% of Businesses
Itasca, IL – This month, the National Safety Council (NSC) released a survey showing that extent of opioid misuse in the United States, that should concern all business owners.  More than 70% of U.S. employers are feeling the direct impact of prescription drug misuse in their workplaces.  The NSC states that it is the first......
Can a pregnant employee use hazardous chemicals at work?
Employers are concerned about the well-being of employees.  Companies are required to follow hundreds of federal and state safety rules, including OSHA regulations, and are financially responsible for workplace injuries and illnesses suffered by employees. So, it is not surprising that company owners and managers are concerned for the well-being o...
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