Tag Archives: EEOC

EEOC Determination: Denial of Transition-Related Health Care Benefits Violates Title VII Rights of Transgender Employees

In a recent Letter of Determination, the U.S. Equal Employment Opportunity Commission (“EEOC”) found probable cause to believe an employer violated the Title VII rights of a transgender employee when it excluded coverage for “transgender treatment/sex therapy” services from its medical benefit plans.  Specifically, the EEOC determined that denying coverage for transition-related services constituted sex … Continue Reading

EEOC Guidance on Retaliation: An Unprecedented Interpretation of Federal EEO Law

This next installment of our ongoing series takes a closer look into the U.S. Equal Employment Opportunity Commission’s (EEOC) Proposed Enforcement Guidance on Retaliation and Related Issues. Last week, we discussed the EEOC’s changing views regarding the elements of a retaliation claim. This week, we delve deeper into the EEOC’s proposed guidance, exploring the agency’s attempt to … Continue Reading

EEOC Guidance on Retaliation: Make It Easier For Employees To Prove Their Case

This installment of our ongoing series on federal regulatory actions impacting employers examines the U.S. Equal Employment Opportunity Commission’s (EEOC) Proposed Enforcement Guidance on Retaliation and Related Issues. The proposed update would replace the 1998 version of the EEOC Compliance Manual on Retaliation and address the courts’ significant rulings in the decades following the current … Continue Reading

‘New’ Mental Disorders To Spark Increased ADA Accommodation Requests

Julia Fradkin contributed to the content of this post. The latest edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) hit the shelves of doctors’ offices and has created additional headaches for employers already struggling with accommodating claimed mental disabilities. The DSM-5 is the standard classification of mental disorders used by mental health professionals … Continue Reading

“Pay Now Or Pay Much More Later,” Warn Federal and State Governments

May 28th marks the anniversary of the effective date for the Lilly Ledbetter Fair Pay Act, the first bill signed into law by President Obama.  The Act sparked renewed focus on improving wage-equality for the American workforce and continues to be an important  goal for administrative agencies such as the Equal Employment Opportunity Commission.  Employers … Continue Reading

Transgender Protection Under Title VII Announced by EEOC

In an April 20, 2012 decision, the Equal Employment Opportunity Commission (“EEOC”) solidified its intended protection of transgender employees under Title VII of the Civil Rights Act of 1964. The EEOC made it clear that an employer that discriminates against an employee or applicant on the basis of that person’s gender identity violates Title VII’s sex … Continue Reading

EEOC “New” Guidance on Arrest and Conviction Records

The "new" guidance — accessible at http://www.eeoc.gov/laws/guidance/qa_arrest_conviction.cfm — reinforces longstanding EEOC policy prohibiting employers from using arrest and conviction records to exclude individuals from employment. More recently, the EEOC has expanded enforcement efforts to include prohibitions on employer policies that exclude candidates from employment because of criminal history, arrests, and convictions. That is because such … Continue Reading
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