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

Tag Archives: eeoc

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

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

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

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

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

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

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

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

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

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

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

Numbers Show That Sexual Harassment Claims on the Decline

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