Articles and Blogs

On April 16, 2015, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the issuance of a proposed rule that would describe how Title I of the Americans with Disabilities Act (“ADA”) applies to employer wellness programs that are part of group health plans. The proposed rule was officially published in the Federal Register on... READ MORE

Yesterday, March 25, 2015, the U.S. Supreme Court published its long-awaited opinion in the case of Peggy Young v. United Parcel Service. The issue in this case was whether an employer must reasonably accommodate a pregnant worker as it does other workers who are not pregnant. The Court vacated the Fourth Circuit’s decision affirming summary... READ MORE

State Attorneys General Criticize EEOC Guidance on Criminal Background Checks Ever since the EEOC issued its “updated” Enforcement Guidance on the use of criminal background checks in April 2012, employers have struggled to understand exactly what could be asked and used in screening candidates for employment.  (See our article “Arrest and Conviction Records –... READ MORE

When EEOC’s Statistics Are Unreliable – Case Fails For many employers, conducting a criminal history or credit record check on a potential employee is a rational and legitimate component of a reasonable hiring process.  This is how a federal district court judge started his opinion that went on to rake the EEOC over the coals for... READ MORE

On March 30, 2012, the EEOC published its final rule providing guidance on the applicability of an important employer defense to claims of disparate impact under the Age Discrimination in Employment Act (“ADEA”).   The ADEA prohibits employment discrimination against people who are 40 years of age or older.  The rule applies to private employers... READ MORE