It may seem logical that an employer that is concerned about its employees’ health may require employees who have been out on medical or maternity leave to be fully healed before returning to work so as to protect against a re-injury. But, such a requirement may give the employee a claim that the employer has […]
New EEOC Rules Address When an Employer Can Rely on a Criminal Background Check in Making a Hiring Decision
The Equal Employment Opportunity Commission (“EEOC”) has finally issued long-awaited guidelines for employers who wish to use the results of a criminal background check to make hiring decisions. The guidelines are lengthy and convoluted, but some themes are clear. Before discussing the themes in the guidelines, it is important to understand why the EEOC cares […]
What to Expect from an Exit Interview
Employers should (but often don’t) conduct an exit interview every time an employee leaves – regardless of whether the employee has resigned voluntarily or been terminated involuntarily. The exit interview can be beneficial for employer and employee alike, as is discussed below. Here is a list of what should occur at an exit interview, with […]
EEOC Experiences Record Number of Charges for FY 2011
The EEOC has reported that it received 99,922 charges during FY 2011. Of these, the largest number were claims of retaliation. Indeed, the trend seems to be that retaliation claims will be pursued even when the underlying discrimination claim seems to have no merit. Of the remaining claims filed in FY 2011, 35% alleged race […]
How Much Time Off is Reasonable for a Religious Accommodation Under Title VII?
Title VII is the federal body of law that prohibits discrimination on the basis of gender, race, color, national origin or religion. Title VII also bars retaliation against someone for having alleged such discrimination. This is the body of law on which employees typically rely when, for example, they ask to be excused from work […]
