Employment Discrimination

Being “on the spectrum” is a pretty common way of referring to individuals with autism (although my husband, a doctor, had never heard of that. Where has he been? Granted, he’s a pathologist, so doesn’t deal directly with live patients, but nonetheless…). Of course, there are varying degrees of severity of symptoms, and some people with social communication or interaction challenges do not actually have autism spectrum disorder. But these symptoms can pose challenges for those individuals in the workplace – and for their employers as well.

Continue Reading Employers, Are You Regarding Those Socially Awkward Employees as Disabled?

As many employers sadly know, those retaliation claims can be more problematic than a discrimination or harassment claim. Federal and state discrimination laws protect employees not only from discrimination or harassment, but also from retaliation for opposing discrimination/harassment, or making a charge/complaint, testifying, assisting, or participating in any way in a discrimination proceeding, such as an investigation or lawsuit. Often an employer successfully defends against an underlying claim of discrimination, only to lose on the retaliation claim.

Continue Reading Retaliation Claims Can Drive You Nuts!

So awhile back, I wrote a blog post about DC laws that were passed but not implemented. But we just ran into the opposite issue – apparently DC has implemented a law that doesn’t – technically – exist! Let me explain.

Continue Reading Wait – But the Disability Law Doesn’t Actually Say That!

Does an employer violate discrimination laws when it acts on information that it honestly believes about an employee that disqualifies him from the job? Even if the employer might be mistaken and the employee has a legally protected disability? An appellate court recently provided the answer. No!!

Continue Reading Are Rumor Based Beliefs a Defense to Discrimination Claims?

I know we’re all tired of COVID-19, and many of us are just pretending that life has returned to normal. But, just as the darned variants continue to evolve, so does the Equal Employment Opportunity Commission’s What You Should Know About COVID and the ADA, the Rehabilitation Act, and Other EEO Laws guidance. This week, the EEOC updated a number of its Q&As, with some more targeted guidance for employers. Of particular interest (at least to this management-side attorney) are the newly-identified factors that employers should consider to establish a business-necessity for viral testing and those that are relevant to the direct threat assessment.  Here’s our summary of most of the updated questions:

Continue Reading The EEOC Updates Its COVID Guidance for Employers – Testing, Accommodations, Direct Threat and More

When considering a request for reasonable accommodation under the Americans with Disabilities Act, many employers focus on what will enable an employee to perform the essential functions of their job. But the reasonable accommodation obligation is actually broader than that. As set forth in the EEOC’s regulations, employers must also provide reasonable accommodations that enable an employee with a disability “to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.” And this encompasses certain activity outside the workplace – such as parking.

Continue Reading Reasonable Accommodations Don’t Just Start at the Office Door…

In this third (and final) post of our mini-series based on the Equal Employment Opportunity Commission’s pay discrimination article, we’ll take a look at the barriers to pay equity identified by the EEOC and their suggestions for preventing pay discrimination. As previously noted, the EEOC issues a quarterly digest of EEO law that sometimes includes an article, like this one, providing insight into the EEOC’s approach to (and expansion of!) discrimination protections for employees. Again, while the EEOC’s article is focused on the federal workplace, many of their observations and action items are equally applicable to the private workplace. Our first post discussed pay discrimination claims under the Equal Pay Act and Title VII, and the second addressed the intersectionality and sex-plus discrimination theories. So now we move from the legal theories to the practical considerations.

Continue Reading The EEOC Speaks: Pay Discrimination – Barriers and Suggested Actions

In my first blog post in this little series based on the Equal Employment Opportunity Commission’s article “In Pursuit of Pay Examining Barriers to Equal Pay, Intersectional Discrimination Theory, and Recent Pay Equity Initiatives,” I covered the EEOC’s explanation of the difference between pay discrimination claims under the Equal Pay Act and Title VII. (As I explained last time, the EEOC issues a quarterly Digest of EEO Law that occasionally contains articles of interest to the private employer community. Prior articles that I’ve shared include those on fragmentation of harassment claims,  religious discrimination, comparing harassment prevention to crime prevention, and new types of race discrimination, among other things). In this post, we’ll review the EEOC’s take on intersectionality (one of the EEOC’s new favorite topics) and sex-plus discrimination in the context of pay discrimination claims.
Continue Reading The EEOC Speaks: Pay Discrimination – Intersectionality and Sex-Plus

So, as you may or may not know, I periodically review the Equal Employment Opportunity Commission’s quarterly Digest of Equal Employment Opportunity Law for fun. (I know, I need a better hobby). Among the summaries of recent EEOC decisions and federal court opinions related to the federal workplace, a digest might also contain an in-depth article on a particularly hot area of interest to the EEOC. Although the articles are targeted towards federal agencies, as I’ve previously noted, they offer private employers a roadmap as to the EEOC’s thinking. And the most recent article is just chock full of interesting tidbits about pay discrimination – a topic of particular focus for the Biden administration. In fact, the article is so jam-packed, I’m going to break it up into a few different blog posts, starting off with this one, which covers the EEOC’s discussion of the  Equal Pay Act v. Title VII. I’ve boiled down the EEOC’s discussion into a more direct comparison of the differences.

Continue Reading The EEOC Speaks: Pay Discrimination – the EPA v. Title VII

In the latest entry in our series on extraordinary workplace misconduct, we must come to terms with the fact that not everyone loves birthdays or surprises. And, when an employee tells you that they don’t want a surprise birthday party, you’d best oblige them or you could face a discrimination suit and a nearly half a million-dollar jury verdict!

As the Washington Post, New York Times, and our Twitter scrolling reported, a Kentucky-based medical laboratory, Gravity Diagnostics, was found liable by a jury for disability discrimination when it fired an employee who suffered from an anxiety disorder that caused panic attacks. As a result, the jury awarded $450,000 in damages for lost wages and emotional distress. However, it’s the series of events that prompted the employer’s actions that are truly extraordinary.

Continue Reading Extraordinary Workplace Misconduct: Celebrating you is a piece of cake…