Menopause is approaching for me, and I am really looking forward to those momentary personal tropical vacations (i.e. hot flashes). I hear from my more senior female friends that the symptoms of menopause – irrational emotional upheavals, poor sleep, dizziness, migraines, etc. – can be quite debilitating, as well as frustrating. You might think that
Fiona W. Ong
Sex-Stereotyping Is Discrimination
By Fiona W. Ong on
Posted in Employment Discrimination, Sexual Harassment
We all know that stereotyping can be unfair and sometimes just dumb. But expecting people to be manly men and girly girls can actually get you into legal trouble. Sex-stereotyping can be the basis of a claim under Title VII, which prohibits discrimination and harassment because of sex, among other things. A recent example of…
EEOC Slapdown Over Meritless Criminal Background Check Lawsuit
By Fiona W. Ong on
I like the EEOC – I really do. They do important work, and most of the time they seem to get it right. But every once in a while they dig in their heels over something patently ridiculous, leaving employers and management attorneys like me tearing out our hair in frustration. So there’s no small…
EEOC’s Attempt to Prohibit Use of Background Checks Rejected
By Fiona W. Ong on
Posted in Background Checks, Employment Discrimination
The EEOC has been facing some controversy with regard to its April 2012 guidance on the use of criminal background checks, in which it discussed the appropriate use of criminal background information for employment purposes, which we discussed in a prior blog entry, “EEOC’s Updated Guidance on Arrests and Convictions.” It would…
EEOC, NLRB and DOL Shutdown Contingency Plans
By Fiona W. Ong on
Due to the federal government shutdown, the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB) and the Department of Labor (DOL) have issued contingency plans. These plans set forth what the agencies will and will not do during the shutdown.
The EEOC’s contingency plan states that the EEOC will continue to perform…
EEOC Letter on Mandatory Vaccinations and Religious Accommodation
By Fiona W. Ong on
In light of pandemic fears over the past several years, health care facilities have been more aggressive about mandating employee flu vaccinations, on the reasonable basis that such vaccinations are required to protect the health and safety of employees, patients and others. On March 5, 2012, the EEOC issued an informal discussion letter on this…
Reasonable Accommodation Does Not Include Stress-Free Environment
By Fiona W. Ong on
Posted in Employment Discrimination, Laws & Regulations
As employers know, the Americans with Disabilities Act (ADA) requires employers to provide “reasonable accommodation” to employees with disabilities to enable them to perform the essential function of their jobs. What employees demand as a “reasonable accommodation” under the Americans with Disabilities Act, however, may not always be so reasonable. Fortunately, courts are generally more…
Shifting Explanations Support Discrimination Claim
By Fiona W. Ong on
Posted in Employment Discrimination, Laws & Regulations
When telling a problematic employee that he has been terminated, an employer is sometimes reluctant to share the real reason – or all the reasons – for the termination. Instead, the employer might pick the explanation that seems the simplest and least subjective – like a position elimination or reduction in force – in order…
Independent Contractors – Corporate Status Is Not Necessarily Determinative
By Fiona W. Ong on
Posted in Laws & Regulations, Workplace Trends
The topic of misclassification of employees as independent contractors is one that is getting a lot of attention from government agencies at the state and federal level. Some commentators have suggested that as long as an individual has set up a corporation, through which he/she is paid for his/her services, that individual will safely be…
HR Statements Can Be Evidence of Discrimination
By Fiona W. Ong on
Posted in Employment Discrimination
Human resources personnel recognize that they are usually not the decision-maker when it comes to employment decisions about other employees – rather, the decision-makers typically are those in the employees’ direct chain of command. Courts have generally held that inappropriate remarks by non-decision-makers are not direct evidence of discrimination. As noted by the federal district…