Easy Small Business HR

Menu
  • HOME
  • ARTICLES BY TOPIC
    • All Articles
      • Background Checks
      • Dealing with Difficult Employees
      • Diversity
      • Employee Benefits
      • Employee Performance
      • Employee Retention & Engagement
      • Employee Theft
      • Employee Turnover
      • Employment Law
      • Fair Labor Standards/FLSA
      • Family Medical Leave/FMLA
      • Firing/Disciplinary Actions
      • Managing Employees
      • Pay and Salary
      • Policies and Procedures
      • Recruitment, Interviewing, Hiring
      • Supervisor Tips and Strategies
      • Workplace Safety
    • Close
  • RESOURCES
  • PODCAST
  • ABOUT US

March 31, 2015 by Dianne Shaddock Leave a Comment

Must Read EEOC Trends

Must Read EEOC Trends For 2015

The Equal Employment Opportunity Commission and its Strategic Enforcement Plan did not fare well in the last couple of years. However, reasonable cause determinations were up in 2014. Furthermore, the EEOC lost a couple of major cases in court. The agency lost EEOC v. Kaplan Higher Education Corporation and EEOC v. Freeman. The first case challenged the use of credit checks for hiring, while the second case involved the use of credit and criminal background checks.

Conciliation obligations will be one of the EEOC trends for 2015. The Supreme Court will rule on the nature of the agency’s obligations in this regard. Employers sued by the agency say the conciliation efforts are lacking and that failure is grounds to dismiss a lawsuit. A lower court ruling declared there is no basis for judicial review of the agency’s conciliation efforts. Some experts predict the justices may challenge the ruling. Also, look for challenges to release and/or arbitration programs. The agency believes these programs may interfere with access to EEOC processes. There will also be discussions about the nature and extent of rights of LGBT workers under Title VII. In addition, an employer’s obligations involving pregnancy leave will be scrutinized:

• Young vs. UPS – Issues to be determined are the nature and extent to which employers must accommodate pregnant workers under the American with Disabilities Act. (ADA)

Working on improving employee engagement?

EPIC is an Employee Engagement software that gives you the tools and insights to create a workplace culture that encourages engagement, loyalty, and trust.

TRY IT RISK FREE HERE

A second focus for 2015 in the ADA is telecommuting. It must be determined when employees can request telecommuting as an accommodation under the act. A U.S. Court of Appeals case focuses on the issue:

• EEOC v. Ford Motor – a former Ford worker sued the company because they wanted to work from home due to illness. The employee was terminated after Ford declared the job required her presence in the workplace.

Employers must realize that technology is changing ideas about how work is done. The Ford case could have important implication for employers. Another area of Employment law that will be reviewed is wellness programs. The Affordable Care Act encouraged employers to develop wellness programs to help keep medical costs down. The agency is focused on the voluntary participation in wellness programs. Some companies offer monetary incentives to employees who participate and penalties to those who don’t. The EEOC has three cases on tap in this area.

Wellness programs may also conflict with the Genetic Information Nondiscrimination Act. The act prohibits discrimination based on genetic information that may be discovered in wellness programs. Employers should be looking for the Supreme Court decision in EEOC v. Abercrombie. This case centers around the accommodations for religious purposes that employers must make. Specifically, this case looks at whether an employee must make a specific request in circumstances where there may be a conflict between employer policies and individual religious practices. The EEOC has a new commissioner for 2015. Charlotte Burrows, a Democrat, serves as the agency’s fifth commissioner. Meanwhile, Republicans control the senate and little legislation is expected in the area of equal employment. Therefore, experts say the agency may be more active in the policy-making role because little will happen on the legislative front.

The following two tabs change content below.
  • Bio
  • Latest Posts
My Twitter profileMy Facebook profileMy Google+ profileMy LinkedIn profile

Dianne Shaddock

President and Founder at Easy Small Business HR
Get more tips on interviewing, hiring, managing and engaging your employees. Dianne Shaddock is the President of Easy Small Business HR, Employee Hiring and Managing Tips and the author of the eGuides, "How To Supervise:  What Your Boss Never Told You Before You Took the Job", A Step-By-Step Guide For New and Seasoned Managers and "How To Find and Hire the Best Employees".
My Twitter profileMy Facebook profileMy Google+ profileMy LinkedIn profile

Latest posts by Dianne Shaddock (see all)

  • Build the Best Team for Your Small Business - November 12, 2019
  • Cross Training Staff – Doing the Right Thing For the Wrong Reasons - January 18, 2019
  • Proactive Employee Management Really Boils Down To The Basics - December 21, 2015
  • Office Meetings Do Not Have To Be A Productivity Time Drain If Done Right - November 17, 2015
  • Proposed Changes To Employee Rights Laws: WAGE Act Bill - November 3, 2015

Filed Under: Employee Retention & Engagement, Employment Law, Supervisor Tips and Strategies Tagged With: eeoc trends, employment law, Equal Employment Opportunity Commission, labor cases

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I accept the Privacy Policy

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Be Social, Let’s Connect!

Follow Us on FacebookFollow Us on Google+Follow Us on TwitterFollow Us on LinkedInFollow Us on YouTubeFollow Us on Reddit
Follow Us on FacebookFollow Us on Google+Follow Us on TwitterFollow Us on LinkedInFollow Us on YouTubeFollow Us on RedditFollow Us on iTunes

Recent Posts

  • Build the Best Team for Your Small Business
  • Cross Training Staff – Doing the Right Thing For the Wrong Reasons
  • Proactive Employee Management Really Boils Down To The Basics
  • Office Meetings Do Not Have To Be A Productivity Time Drain If Done Right
  • Proposed Changes To Employee Rights Laws: WAGE Act Bill

Recent Comments

  • Lucia on The Consequences for Supervisors Who Ignore Poor Employee Performance
  • Norma on 10 Helpful Tips When Dealing With Difficult Employees
  • Henry Killingsworth on Clearing Up Legal Misperception of Reference Checking
  • Nyangoma Rachel on Diversity in the Workplace: Benefits, Challenges and Solutions
  • Online Training on Workplace Negativity Is Contagious – Here’s How You Can Control an Outbreak
  • Kristofina Grace on Diversity in the Workplace: Benefits, Challenges and Solutions

Top 25 Online Influencers in Human Resources

HR Examiner Top 25

Copyright © 2025 · Executive Pro Theme on Genesis Framework · WordPress · Log in