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Category Archives: CHRO & EEOC

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EEOC Statistics Show Drop in Claims Filed in Connecticut

By Daniel Schwartz on Posted in CHRO & EEOC, Litigation

With statistics from the CHRO lacking, it’s hard to get a judge on whether claims of discrimination in Connecticut are rising or falling. The EEOC released new statistics this week, however that shed a little bit of light on the subject, albeit with a fairly small sample size. For FY 2011, the EEOC reported that… Continue Reading

EEOC Releases Important Guidance on Use of Criminal and Arrest Records By Employers

By Daniel Schwartz on Posted in CHRO & EEOC, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center

The EEOC yesterday released important new guidance for employers on the use of arrest and conviction records by employers under Title VII.  You can read the guidance here as well as a short question-and-answer document too.  For employers in Connecticut, this new guidance only adds to the state-specific rules we have here in state and should… Continue Reading

When is a Mandatory Deadline Less Than Mandatory? At the CHRO

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Laws and Regulations

Recently, the CHRO provided an update on the status of cases at the commission.  In a comment to the blog, Charles Krich reported “the ratio of cases closed to cases filed is a bit over 90% during the July 1, 2011 to February 29, 2012 period (3/4 of this fiscal year). In FY 11 the… Continue Reading

EEOC Publishes Final Rule on Reasonable Factors Other Than Age (RFOA)

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Laws and Regulations

Today, the EEOC has published its final rule clarifying a portion of the Age Discrimination in Employment Act (ADEA).  You can download the rule here and a FAQ from the EEOC here.   The rule comes as a partial response to a 2008 U.S. Supreme Court decision that analyzed the issue.  The rule has some significance… Continue Reading

Tips for Preventing Sexual Harassment? Suggestions Sought by EEOC

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Social Media

Twitter is one of the more remarkable creations to come out of the last decade.  It’s huge, noisy, and hard to keep track of. It is also one of the most delicious communication tools ever invented. A tweet from earlier today confirmed my view of it. Chai Feldblum, who describes herself on her Twitter profile… Continue Reading

Veterans and the ADA – Helpful Answers to Burning Questions

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center

Earlier this week, I beat Ohio lawyer Jon Hyman to the punch on a post about Leap Day.  Yesterday, he “returned” the favor, with a notable post on the release of the EEOC’s new guide: Veterans & the ADA: A Guide for Employers.  Jon looks at one issue from the guide, whether employers can give… Continue Reading

Proposal to Ban Unemployment Discrimination Heats Up

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Legislative Developments

Two bills were introduced in the Connecticut legislature last week that would ban discrimination against individuals who are unemployed. Section 8 of Senate Bill 1 and Senate Bill 79 are identical in their provisions.  They would apply to nearly all employers in the state.    The proposals would amend Conn. Gen. Stat. Sec. 46a-60(a)(6) to prohibit… Continue Reading

Quick Hits: Love in the Workplace, Public Employees, Pleading Standards, ADR, Novartis Settlement, EEOC Statistics

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, Wage & Hour

On this Valentine’s Day, while you’re out shopping for flowers and chocolate, here are a few nuggets of employment law that you might have missed lately: Since love is in the air today, Robin Shea continues the cautionary tales of sexual harassment cases in the workplace.  Jon Hyman echoes the theme with a tip on… Continue Reading

Governor Proposes Consolidations of State Agencies; Would Impact CHRO, CTDOL

By Daniel Schwartz on Posted in CHRO & EEOC, Legislative Developments, Wage & Hour

UPDATED – February 9, 2012 A link to the proposed bill is now available here.  On Friday, Governor Malloy proposed two agency consolidations that would have a significant impact for employers in Connecticut. First, he proposed a new “Department on Human Rights, Protection and Advocacy”.  This new department would combine the Office of Protection and Advocacy and… Continue Reading

CHRO Proposes New Equal Employment Opportunity Plan Regulations & Hearing

By Daniel Schwartz on Posted in CHRO & EEOC, Laws and Regulations

The Connecticut Commission on Human Rights and Opportunities (CHRO) has released proposed new regulations that would require state agencies and the like to create an Equal Employment Opportunity Plan. These regulations would not apply to private employers so many of you can dispense with the worrying. The proposed regulations will replace the current ones. The CHRO… Continue Reading

Public Hearings Suspension at CHRO Now Over; Two Human Rights Referees Appointed

By Daniel Schwartz on Posted in CHRO & EEOC

For nearly six months, public hearings at the CHRO were on hold because Governor Malloy did not reappoint the human rights referees.  As a result, cases that had been pending at the CHRO went nowhere — fast. However, that is changing.  Two new human rights referees were appointed this month and a third will be… Continue Reading

BREAKING: U.S. Supreme Court Supports Fairly Broad “Ministerial Exception” to Anti-Discrimination Laws

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Featured, Highlight, Litigation

In a unanimous decision, the U.S. Supreme Court today gave some teeth to the “ministerial exception” that, in essence, precludes some employees of religious institutions from suing them under federal discrimination laws. I’ve discussed the exception in various posts over the years here and here.  Its been supported in the Second Circuit and by the… Continue Reading

CHRO Attorney Agrees Emphasis at Agency “Has Shifted From MAR to Mediation”

By Daniel Schwartz on Posted in CHRO & EEOC, Legislative Developments

Earlier this week, I wrote about the perception among some that the CHRO has been retaining more cases for investigation by letting more cases through the Merit Assessment Review.  These cases that used to be dismissed — mainly “frivolous” ones as  I’ve collectively termed them — mean more headaches for employers who have to spend… Continue Reading

Are Any Cases Getting Thrown Out as “Frivolous” at the CHRO Anymore?

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Laws and Regulations, Litigation

  As I’ve noted before, the CHRO procedures were changed effective October 1, 2011.  One question that we had at the time was whether the CHRO would be retaining more discrimination claims by employees for investigation — getting past the Merit Assessment Review stage. Previously, employers have had at least a little luck getting plainly… Continue Reading

Quick Hits: FLSA & Arbitration Agreements, Initial Discovery Protocols, Dating Policies, EEOC Charges, Ledbetter

By Daniel Schwartz on Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Litigation, Wage & Hour

There are lots of items I had hoped to write about but, as many of you have observed, there’s only so much time in the week.  So, it’s time to bring back the recurring “Quick Hits” feature to highlight some tidbits worthy of your consideration: Are arbitration agreements that waive FLSA collective actions enforceable? No,… Continue Reading

Numbers Show That Sexual Harassment Claims on the Decline

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment

Did he or didn’t he? That’s what political pundits and others have been debating the last few weeks regarding presidential candidate Herman Cain.  But a more interesting question is whether claims of sexual harassment are on the rise or not. Indeed, lost in the public discourse is a fact that isn’t talked about a lot:… Continue Reading

A Guide to Breastfeeding in the Workplace

By Daniel Schwartz on Posted in CHRO & EEOC, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center

If you’ve been with this blog since it’s inception, you probably recall a few posts here, here, and here that I did early on about what employers needed to know about the breastfeeding in the workplace laws. Now, the CHRO in conjunction with the Connecticut Departments of Public Health and Labor, and the Connecticut Breastfeeding coalition,… Continue Reading

New Procedures for CHRO – A Powerpoint (Program Recap – Part III)

By Daniel Schwartz on Posted in CHRO & EEOC, Laws and Regulations

Continuing my series of posts on the public program produced by the CHRO on new Public Act 11-237 (for prior posts go here and here), the remainder of the program focused on the changes to the CHRO procedures including a new early mediation option. Various legal staff members provided the details on the new act… Continue Reading

The Whole New World of the CHRO in a Powerpoint (Program Recap – Part II)

By Daniel Schwartz on Posted in CHRO & EEOC

Yesterday, I recapped part of the CHRO program on the new Public Act 11-237 which revises the procedures for processing and investigating complaints. Next up was CHRO Principal Attorney Charles Krich.  (Careful blog readers may note that he comments on the blog from time to time.) First off, Charlie gets kudos from me just for… Continue Reading

CHRO’s Executive Director: We’ll Do It Faster (Program Recap – Part I)

By Daniel Schwartz on Posted in CHRO & EEOC, Highlight, Laws and Regulations

As I’ve saying for a few weeks now, I was asked to be part of a panel discussion sponsored by the CHRO today on the impact and implications of Public Act 11-237 on the practice before the agency.  There were several powerpoints used and there was lots discussed. I will share various points in some… Continue Reading

CHRO and CTDOL Reach Out to Businesses

By Daniel Schwartz on Posted in CHRO & EEOC, Human Resources (HR) Compliance, Laws and Regulations, Wage & Hour

Well, you have to give the state some credit for trying. As I mentioned yesterday, I’ll be speaking today at a program run by the CHRO about the new law the changes the CHRO’s procedures.  It appears to be part of a concerted effort by various agencies to reach out to businesses in the state… Continue Reading