- Despite misconception that the NLRB goes after employers only over union-related issues, its reach includes “concerted activity” by workers whether unionized or not, and it intends to make that power felt [Jon Hyman]
- EEOC cracks down on Marylou’s, Massachusetts coffee shop chain said to hire “pretty” staff. Tougher scrutiny of “looksism” ahead? [James McDonald/Fisher & Phillips, HR Morning, Boston Herald, related editorial]
- As critics warned at the time, Sarbanes-Oxley whistleblowing provisions make a versatile weapon for employment plaintiffs [Daniel Schwartz]
- “Is Your Job Too Hard? File a Lawsuit!” [Philip Miles]
- Unions go to court seeking to overturn new Indiana right to work law [Asheesh Agerwal, Liberty Law] “Unions: Political By Nature” [Ivan Osorio, CEI “Open Market”] SEIU vigilant against menace of higher employer wage offers [James Sherk, NRO] Metropolitan Opera’s $516,577 electrician outearned Carnegie Hall’s $436,097 stagehand [Ira Stoll]
- Sen. Al Franken [D-Minn.] and Rep. Rosa DeLauro [D-Conn.] introduce bill to overturn SCOTUS’s Wal-Mart v. Dukes [The Hill, Paul Karlsgodt, PoL, Andrew Trask]
- Lefties: you ‘tarians slight the greater freedom of being able to force people to employ you [MR: Tyler Cowen, Alex Tabarrok]
- If you’re caught sleeping on the job, courts may not prove sympathetic to your age bias claim [Eric Meyer, Employer Handbook]
Posts Tagged ‘EEOC’
EEOC settles complaint over heavy equipment operator with epilepsy
“The Equal Employment Opportunity Commission has reached a $49,500 settlement with a construction company and utility company for withdrawing a job offer to a heavy equipment operator with epilepsy.” [Judy Greenwald, Business Insurance, earlier] In other news: “Just under two weeks after suffering a seizure that led to two car accidents within minutes of each other, Commerce Secretary John Bryson has submitted his resignation.” [NPR]
Say what?
Pay up, EEOC tells a cafe owner, for not taking on a hearing- and speech-impaired applicant for a cashier’s position [EEOC press release (Albuquerque’s Savory Fare Bakery and Cafe agrees to pay $20,000 and offer other relief), h/t Roger Clegg; related on cases where concern about cross-intelligibility between employee and customers leads to charges of “accent discrimination”] (& Bader, CEI; Scott Greenfield)
More: Alexander Cohen at Atlas has the complaint and answer, along with further analysis.
EEOC goes to bat for superannuated lifeguards
Nassau County, N.Y., had let go 71-year-old veteran lifeguard Jay Lieberfarb after he failed a swim test. Charging that the county had not always dismissed younger guards who had failed the same test, the EEOC proceeded to negotiate a $65,000 back pay settlement, a three-year consent decree and other relief. [EEOC press release; h/t Roger Clegg] Earlier on superannuated lifeguards [Ocean City, N.J.] (& welcome Chris Fountain readers; he recommends this blog as a cure for low blood pressure)
“Discrimination lawsuits double as definition of ‘disability’ expands”
File under intended and expected effects of Congressional action: the ADA Amendments Act of 2008 reversed various court decisions that had limited the number of claimants who could invoke the Americans with Disabilities Act. [Luke Rosiak, Washington Times] More here, etc.
Hey, EEOC….
… can we have a heart-to-heart talk about some of what’s wrong with your new guidelines restricting employers from asking about job applicants’ criminal records? [Robin Shea] More: Diane Katz/Heritage, Ted Frank, Federalist Society podcast with Maurice Emsellem, Dominique Ludvikson and Dean Reuter, Brian Wolfman/Public Citizen (favorable to rules). Amy Alkon rounds up several more links, regarding which it should be noted that the EEOC has traditionally conceded an employer’s right to consider an embezzler’s rap sheet when filling a bookkeeping job — but not necessarily an axe-murderer’s rap sheet, since that’s not demonstrably “job-relevant.” Don’t you feel reassured now?
In related news, Roger Clegg reports that the House has passed a provision blocking EEOC enforcement of the guidance, which is encouraging as a preliminary matter; the Senate, however, is very likely to take a different position, and the rider will have no effect if the Senate view prevails. [NRO]
Free speech roundup
- Boilermaker union president resorts to litigation against satirical site [Levy; another case on demands for disclosure of anonymous commenters] More on ghastly NY bill to strip protection from anonymous online speech [David Kravets/Wired, Daily Caller, my take]
- Defending people like Aaron Worthing and Patterico shouldn’t be a left-right matter [Popehat, Tapscott/Examiner, earlier] Maryland and indeed all states need stronger statutory protection against vexatious litigants [Ace of Spades] And as a longtime Charles Schwab customer I was at first distressed to find the Schwab Charitable Fund on this list, but since the fund is billed as “donor-advised” I take it some Schwab customer rather than the company itself got to choose the beneficiary;
- “Indonesia Prosecution for Posting ‘God Doesn’t Exist’ on Facebook” [Volokh] Curious to see an argument for Euro-style hate speech laws appearing on the Liberty and Law site [David Conway]
- “Cyberbullying and Bullying Used As Pretexts for Censorship” [Bader]
- “EEOC: Wearing Confederate Flag T-Shirts May Be ‘Hostile Work Environment Harassment'” [Volokh, more, Bader]
- Video on new freedom of assembly book [FedSoc]
- Maybe Citizens United turned out so badly for the speech-suppressive side because a government lawyer was imprudently candid before the Court [Jacob Sullum, earlier on Toobin New Yorker piece]
Labor and employment law roundup
- Arbitrator: felonious Montgomery County, Maryland cops should keep disability pay [Examiner] “Cop who took naked photos of rape victim can keep pension” [NY Post] Cop who pepper-sprayed UC Davis protesters is still on job, and maybe that’s how they’d have it [Radley Balko]
- “Billions in retroactive liability” in pharma detailer wage/hour action before SCOTUS [Marcia Coyle, NLJ] And USA Today chose a faulty “worker discontent” theme on wage/hour case, since as class actions these suits are lawyer-driven;
- Australia: “Worker injured during sex gets compensation payout” [News.com.au]
- “Courts are finally starting to apply ADAAA—and it ain’t pretty” [Jon Hyman] ADA: “Judge Rules In Favor of Fired Employee With Bipolar Disorder” [ABC]
- NLRB goes after Hyatt on employee handbook language [Gary Shapiro, Examiner] Union claims Indiana right-to-work law violates Thirteenth Amendment ban on slavery [James Sherk, NRO]
- EEOC: sex discrimination law bars bias against transgender employees [AP, Hyman] “EEOC Obtains Substantial Settlement in Obesity Discrimination Suit” [Disabilities Law]
- Law journal prediction: adherents of racism will claim Title VII protection [Lawrence D. Rosenthal, Temple L. Rev. via Workplace Prof]
EEOC: Employers have no right to ask what prescription drugs employees are on
Even if they’re operating heavy machinery, and even if the drugs are of the type that make users drowsy, twitchy or agitated. It’s all part of the ban on employee medical inquiries under the Americans with Disabilities Act, and the Eighth Circuit has backed up the agency’s position that questions do not become permissible until the employer has in hand objective evidence of impairment, the sort you can take to a judge. Evidence like, you know, there having been a serious accident. I explain at Cato at Liberty.
Because what could go wrong?
The Equal Employment Opportunity Commission (EEOC) is said to be readying policy guidance aimed at curbing employers’ consideration of criminal and credit records in hiring. [WSJ editorial]