Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: eeoc

Followup: Court Dismisses EEOC Lawsuit Challenging CVS Separation Agreement

Posted in CHRO & EEOC, Human Resources (HR) Compliance, Litigation

Back in February, I talked about how a lawsuit brought by the EEOC against CVS challenging the company’s standard separation agreement could be a big deal “if the EEOC prevails”. But I cautioned about drawing any sweeping conclusions just then stating: ”My gut tells me that the courts are not likely to view the government’s arguments with favor…. Continue Reading

New CHRO Case Statistics Show Big Jump In Claims Filed in Last Year

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight

The Commission on Human Rights and Opportunities released a new set of statistics yesterday (my thanks to CHRO liaison James O’Neill for the update which I had requested a while back).  Unlike years past, the statistics this year show some dramatic changes; those changes should have a significant impact on how employers view the agency… Continue Reading

EEOC Declines a “Pregnant” Pause; New Guidance Awaits Supreme Court Decision

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Legislative Developments

Last week, my colleagues Peter Murphy and Harrison Smith, offered to write about the latest developments in the law regarding pregnancy.  The post was scheduled to come out today, when, much to our surprise, the EEOC yesterday afternoon released long-awaited guidance on the subject. So much for that post! After a quick rewrite last night,… Continue Reading

What’s New at the CHRO? Commission Chair Collins Shares His Perspective

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Legislative Developments

At Monday’s Connecticut Legal Conference, CHRO Chair Gary Collins spoke for a bit about the developments at the oft-maligned agency since he’s come on board.  (You can follow all the tweets from the conference on Twitter using #ctlegalconf as the hashtag.)While he joked that attendees could just read this blog to find out what was going… Continue Reading

EEOC’s David Lopez Addresses Connecticut Bar Association

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight

The Connecticut Legal Conference on Monday (produced by the Connecticut Bar Association) had several noteworthy programs, including a few on labor & employment law.  In today’s post, I’m going to recap the presentation by David Lopez, the current EEOC General Counsel.   He talked about the Top 10 Developments in EEOC Litigation over the last… Continue Reading

Has IBM Found a Way Around the OWBPA and Should Others Follow?

Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

Last week, a story caught my eye and the attention of some of my colleagues.  As reported first by Bloomberg BNA, IBM has stopped providing the comparison information that is typically required in separation agreements for older workers under the Older Workers Benefit Protection Act. You may be wondering how that is possible.  Robin Shea,… Continue Reading

Road Rules: Ruling Now Guides Telecommuting As Reasonable Accommodation Discussion

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Litigation

My colleague, Gabe Jiran predicted the future! Well, not exactly. But in a post earlier this month, he outlined some of the issues relating to whether telecommuting is a reasonable accommodation under the ADA. And now we have some court guidance on the subject.  The road to understanding an aspect of the “reasonable accommodation” is… Continue Reading

Could Telecommuting Be Deemed a “Reasonable Accommodation” Under the ADA?

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Wage & Hour

My colleague, Gabe Jiran, (go read his impressive background here, I’ll wait) recently gave a presentation on telecommuting and I asked Gabe to share his thoughts on a notable topic that came up for discussion there.  Thus, in this post, Gabe discusses whether telecommuting could be a “reasonable accommodation.” With today’s technology, employees seem to… Continue Reading

Spiderweb Delivery? Is One Year Enough for a Leave of Absence for a Disabled Employee?

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

You have a disabled employee out of leave for 180 days.  Your policy says that employees may be terminated after the end of 180 days. So, on day 181, can you fire the employee? Today, my colleague Christopher Parkin tackles that difficult question in a recent ADA case brought by the EEOC against a very big… Continue Reading

Background Check Documentation (Printed and Online) Under Renewed Scrutiny

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Litigation, Manager & HR Pro’s Resource Center, Wage & Hour

If you’re like most employers that do background checks, you probably haven’t thought twice about the documentation you use for it. Perhaps you’ve copied some standard language you’ve found off the Internet (not that there is anything necessarily wrong with that), or maybe you’ve just used a form that has been handed down from one… Continue Reading

EEOC’s Lawsuit Challenging CVS Separation Agreements Is a Big Deal

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource Center

My good friend, Jon Hyman of the Ohio Employer’s Law Blog, probably said it best this morning: I try to shy away from hyperbole, but OH MY GOD, THIS CASE COULD BE RUINOUS!!! Yeah, pretty much. So, if you — like me — have been tied up with day-to-day affairs for a bit, or thinking how tomorrow’s snowstorm… Continue Reading

The EEOC Regulation You Need to Know When Making a “Material Change” to a Separation Agreement

Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations

Suppose you have to terminate an employee who is over the age of 40 and you decide to offer that employee a separation agreement. (I’ve previously covered the “standard” provisions in an agreement here and discussed a 2009 EEOC Guidance on the subject here.) You already know (right?) that releases for employees over 40 need… Continue Reading

Settlement Agreement Provisions To Consider When Settling Discrimination Claims

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource Center

A few days ago, I came across a thoughtful post from Work Matters, a longtime blog run by Michael Maslanka. In it, Mike describes a clause in a settlement agreement to get around an issue that sometimes arises — how do you minimize the threat of an EEOC claim when the EEOC has taken the… Continue Reading

CHRO Statistics Released; More Cases Closed Than Opened

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance

After my post last week on discrimination statistics (and the lack thereof of CHRO statistics that were publicly available), the CHRO was kind enough to release some additional statistics to me that hadn’t been posted on its website and hadn’t been released publicly before. My sincere thanks to CHRO Principal Attorney Charles Krich for the… Continue Reading

Employment Law Statistics Tell Part of a Story; Still Waiting for CHRO

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance

Every once in a while, it’s worth taking a look at statistics in the employment law arena to get a sense of trends with the law and what employers should focus on.For those that have been paying attention, retaliation claims are now the most filed type of charge filed at the Equal Employment Opportunity Committee… Continue Reading

Major Retailer Bans Use of Criminal History as Factor in Job Applications

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

In various posts, I’ve talked about how there is a slow but increasing trend to encourage employers to “ban the box” when it comes to job applications. That catchy (yet non-descriptive phrase) refers to a checkbox that is often found on job applications that asks applicants if they have any criminal convictions. The news this… Continue Reading

The Latest in Dress Codes Before You Get Dressed Down

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

My colleague, Peter Murphy, penned a great article in this week’s Connecticut Law Tribune discussing the uptick in cases challenging dress codes. His conclusion? As these cases demonstrate, employers remain free to establish dress codes or appearance standards that are appropriate for the nature of their business — whether chinos and golf shirts at Best Buy… Continue Reading

Locked Out: What the Shutdown Means for Connecticut Employers

Posted in CHRO & EEOC, Labor Law & NRLB, Laws and Regulations, Legislative Developments

And I’ve been locked out And I know we’re through But I can’t begin to face up to the truth….. – Crowded House, “Locked Out” (1993) So, here we are.  The (partial) government shutdown began early this morning. And suddenly, we’re locked out of national parks and many government services. But how does this impact… Continue Reading

Ambiguity from State Agency Not Enough to Justify Tolling of Statute of Limitations

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Litigation

Statute of limitations — or, in plain English, the deadline to file a lawsuit — are sometimes able to be used by employers when employees and their counsel file their employment law claims late. But a recent federal court decision in Connecticut had to look at a fairly novel issue: Did the CHRO mislead the employee’s attorney… Continue Reading

What Remedy Is Appropriate When a Jury Concludes Sexual Harassment Occurred?

Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation

A case out of the Second Circuit Court of Appeals (of which, Connecticut is part of) addresses an interesting question: When a jury  finds that sexual harassment has been perpetuated by a single employee, is injunctive (non-monetary) relief required to be issued by the District Court? The EEOC argued yes and argued that remedies such as… Continue Reading

Quick Hits: Election Roundup, Seminar Details, Harassment, and CTDOL Improvements

Posted in CHRO & EEOC, Discrimination & Harassment, Laws and Regulations, Legislative Developments

As the week draws to a close, it’s time for another installment of Quick Hits, where I highlight a few blog posts worth a read. As readers know, this week I’ve been posing a series of questions to the major party candidates about employment law.  Other lawyers have done the same and Jon Hyman, of… Continue Reading

What’s New at the EEOC and NLRB? Your “Confidential” Investigation Is At Risk

Posted in CHRO & EEOC, Discrimination & Harassment, Labor Law & NRLB, Wage & Hour

Two stories over the last few weeks have been percolating that may be of interest to employers in Connecticut.  You may not see the impact immediately, but the implications are certainly there. First, the EEOC is now looking to conduct more direct investigations — that is, investigations that are initiated without any claim by an… Continue Reading

Using Criminal Background Checks in the Hiring Process; Handle With Care

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Laws and Regulations

The Office of Legislative Research, whom I’ve praised in several posts before (here and here), recently issued a report on the consequences of a felony conviction on employment.  Overall, it does a good job summarizing the issues when it comes to state employment. But later on in the publication it states the following when discussing… Continue Reading

EEOC Statistics Show Drop in Claims Filed in Connecticut

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