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In Equal Employment Opportunity Commission v. United Parcel Service, (2d Cir., Nov. 19, 2009), the U.S. 2nd Circuit Court of Appeals held that the district court should enforce a subpoena issued by the EEOC seeking information on how religious exemptions from UPS's Uniform and Personal Appearance Guidelines are handled nationwide. The appeals court concluded that the district court had applied too restrictive a concept of relevance in refusing to enforce the subpoena in connection with the ...

With Family Responsibility Discrimination as one of the hottest buzz words in employment law these days, you knew it was only a matter of time before the EEOC weighed in. Today was the day as it issued its Enforcement Guidance for Unlawful Disparate Treatment of Workers with Caregiving Responsibilities. In the accompanying Q&A fact sheet the Commission candidly acknowledges that caregivers are not a protected category: Q: Are caregivers a protected group under the federal EEO statutes? A: No ...

... on immigration issues. Perhaps due to these changes and others, the Equal Employment Opportunity Commission (EEOC) has released an updated Compliance Manual (PDF) covering religious discrimination. The newly revised "Section 12" ... filing a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under the statute. EEOC has taken the position that requesting religious accommodation is protected activity. Employer Best Practices Employers can reduce ...

... has issued a Q&A Guide addressing how the Americans with Disabilities Act (ADA) applies to performance and conduct issues. The EEOC's press release can be found here, and the Q&A Guide itself can be found here. As ... employers facing ADA challenges in performance and conduct situations are well-advised to review the Q&A Guide because it will give the EEOC's perspective on the application of the ADA in those situations. Here is the Q&A Guide's table of contents: Introduction Basic ...

... in our society. The workers in this case sought out the American dream, but instead faced a nightmare." EEOC conducted a comprehensive investigation of the charges and, after extensive negotiations, entered into a three-year consent ... the federal government and non-profit organizations, a just resolution was reached that is a win/win for the workers and for the employer." The EEOC worked closely with non-profit organizations such as the Thai Community Development Center, the Coalition to Abolish ...

... ruling for employers who need to protect the confidentiality of information submitted to the Equal Employment Opportunity Commission (EEOC) in connection with charges filed by employees, the U.S. Court of Appeals for the District of Columbia Circuit ... which require notification to a submitter before any confidential or other information is disclosed. If and when the EEOC provides an adequate justification for the conflict between its policies, the injunction may be dissolved. The practical upshot ...

... without attempting first to provide reasonable accommodations for their disabilities. John Rowe, Chicago District Director for the EEOC, claimed that this class action lawsuit stemmed from a discrimination charge filed by John Bava, a former technician at ... ADA, as well as retaliation. Sears will also be required to change its workers compensation leave policy, provide the EEOC with written reports detailing workers compensation practices as well as ADA employer compliance, make the decree visible ...

... the EEOC in timely fashion. Against that backdrop, the Supreme Court just clarified what constitutes a "charge" with the EEOC, in its recent decision in Federal Express Corp. v. Holowekci. In Holowecki, the plaintiffs sought to start a ... than considering the form that is filled out, as the defendant argued, the proper inquiry should be whether the request is for the EEOC to do something, such as investigate, as opposed to a simple request for information from the agency. The Court, in Holowecki, ...

... to Performance and Conduct Standards A. Performance standards B. Conduct standards C. Questions pertaining to both performance and conduct issues D. Seeking medical information when there are performance or conduct problems E. Attendance issues F. Dress codes G. Alcoholism and illegal use of drugs H. Confidentiality issues arising from granting reasonable accommodation.... I. Legal enforcement In case you missed the latest EEOC religious discrimination guidelines, you can read about them HERE.

... Court declined to review a Ninth Circuit Court of Appeals decision that allows the Equal Employment Opportunity Commission (EEOC) to continue investigating allegations of employment discrimination, and even to issue subpoenas to employers, after issuing a right ... Express to resolve such splits between the circuit courts, but declined to do so in this case. As a result, the EEOC's investigatory powers will continue to vary depending on where a complaint is made. Given the Supreme Court's ruling in ...