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Showing 52 posts in Hiring and Firing.

The EEOC in 2014

By Cynthia L. Effinger on May 21, 2014
Posted In EEOC, Employment Discrimination Laws, Employment Law, Genetic Information Nondiscrimination Act ("GINA"), Hiring and Firing

Last year was a record-breaking year for the Equal Opportunity Commission (“EEOC”), which obtained approximately $372 million for workers alleging workplace discrimination. In the EEOC’s annual report, the agency asked for $75 million to support their litigation efforts in 2014…thus, they show no sign of slowing down. According to EEOC Commissioner Constance Barker, “Since we’ve got so much authority delegated to the agency’s general counsel, 2013 really became the year of litigation, and I think 2014 will continue that trend…I think private companies ought to expect to see more aggressive use of the litigation process, more aggressive pursuit of systemic discrimination cases and more cases bypassing the commission’s review and vote.” More >

A Review of the EEOC in 2013

By Cynthia L. Effinger on May 19, 2014
Posted In ADA Amendments Act of 2008 (“ADAAA”), EEOC, EEOC v. Hill Country Farms, Employment Discrimination Laws, Employment Law, Hiring and Firing, Litigation

One of the best ways that employers can know what liability risks they are most likely to encounter in any given year is to review what an agency was targeting in the previous year and to review the agency’s work plan. I recently reviewed some 2013 statistics from the Equal Employment Opportunity Commission (“EEOC”) that are worth sharing: More >

The Use of Background Checks in Hiring Procedures

May 7, 2014
Posted In Employment Discrimination Laws, Employment Law, Equal Employment Opportunity Commission v. Kaplan Higher Education Corp., Hiring and Firing, Job applications

The Sixth Circuit (encompassing Kentucky, Michigan, Tennessee and Ohio) recently sent a strong message that baseless suits against employers will not survive summary judgment. The case, Equal Employment Opportunity Commission v. Kaplan Higher Education Corp. et al., No. 13-3408 (6th Cir., Apr. 9, 2014), involved the use of credit checks in hiring decisions. More >

The Sixth Circuit Broadens Telecommuting as a Reasonable Accommodation For Disabled Employees

By Luke A. Wingfield on May 2, 2014
Posted In Americans with Disabilities Act, Employment Law, Hiring and Firing, Human Resource Department, Job Description, Job Requirement, Telecommuting

In a new decision involving the Ford Motor Company handed down by the U.S. Court of Appeals for the Sixth Circuit, the Court has expanded the instances in which a telecommuting arrangement would be considered a reasonable accommodation for disabled employees in accordance with the Americans with Disabilities Act (“ADA”).[1] In Ford Motor Company, Jane Harris, who worked in a supply purchasing position, was terminated from her position after she asked to perform her job primarily via telecommunication in an attempt to control her unfortunate symptoms of irritable bowel syndrome. There was no dispute that she possessed a disability affecting a major life activity. So the discussion revolved around whether she could do her job via telecommuting and whether Ford’s proposed alternative accommodations were acceptable. Ford denied the request for telecommuting even though it did allow those in positions such as Harris to work from home on a limited basis. According to Ford, Jane’s physical presence at the workplace was critical to the group dynamic of the resale-buyer team and thus her request was unreasonable. The district court sided with Ford, granting the employer summary judgment as to claims of failure-to-accommodate under the ADA and retaliation. The question on appeal was whether Harris created sufficient questions of fact for her case to be allowed to proceed. The Sixth Circuit agreed that Harris did present sufficient questions of fact for her claim to be considered and in so doing appeared to send a message to employers that they need to be more flexible in considering telecommunication as a reasonable accommodation. More >

Curbing FMLA Abuse

April 14, 2014
Posted In Adverse Employment Action, Employee Benefits, Employment Law, Family and Medical Leave Act (“FMLA”), Hiring and Firing, Human Resource Department

The Family Medical Leave Act (“FMLA”) permits eligible employees to take up to 12 work weeks of leave during a 12-month period if a serious health condition makes the employee unable to perform the functions of his or her position. When an employer suspects that an employee is abusing the FMLA leave, employers may feel caught in a classic Catch-22. They can ignore the abuse and operate with a reduced workforce, or subject themselves to an interference or defamation suit if they decide to challenge or confront the employee about the questionable leave. More >

More Workers Eligible for Overtime in the Future, Cont.

March 26, 2014
Posted In Employment Law, Fair Labor Standards Act (FLSA), Hiring and Firing, Overtime Pay, U.S. Department of Labor

Recently, President Obama signed an order which directed the Department of Labor to reexamine how employees are paid for working more than 40 hours per week. According to the President, "[o]vertime is a pretty simple idea. If you have to work more, you should get paid more.” More >

“Sex-Plus” Discrimination Equals Possible Liability, Part II

March 12, 2014
Posted In Adverse Employment Action, Employment Discrimination Laws, Employment Law, Hiring and Firing, Litigation, Shazor v. Prof’l Transit Mgmt.

On Monday, we discussed the Shazor v. Prof’l Transit Mgmt., Ltd. case. The Sixth Circuit held that an African American woman had triable race and sex discrimination claims under Title VII even though she was replaced with a Hispanic female. In other words, in a “sex-plus” case such as Shazor’s, an employer is not permitted to undermine a black female’s prima facie case by showing that “white women and African American men received the same treatment” as the plaintiff. More >

Unemployment Benefits Refresher, Part II

By Luke A. Wingfield on February 27, 2014
Posted In Employee Benefits, Employment Law, Hiring and Firing, Unemployment Benefits

Unemployment Benefits Refresher, Part II More >

Unemployment Benefits Refresher, Part I

By Luke A. Wingfield on February 24, 2014
Posted In Employee Benefits, Employment Law, Hiring and Firing, Unemployment Benefits

 A common administrative headache for employers is dealing with terminated employees who go on to seek unemployment benefits. While an employer has the right to challenge the award of unemployment benefits, choosing to do so requires careful consideration.  The process can be time-consuming and may require a commitment of more resources than one would like.  Additionally, challenging an award of unemployment benefits may serve to push a former employee into litigation that he or she may not have pursued otherwise.  That being said, if an employer has good documentation regarding a termination and clear, uniformly enforced employee policies, challenging a claim for unemployment benefits can be successful. More >

Employers Should Take Note of WorkSmart Kentucky

February 10, 2014
Posted In Employee Training, Employment Law, Hiring and Firing, Job applications, Kentucky Labor Cabinet, OSHA, Private employers, WorkSmart Kentucky

On January 27, 2014, Governor Steve Beshear announced the launch of WorkSmart Kentucky, an initiative aimed at matching employers with their workforce needs. WorkSmart Kentucky is comprised of professionals from the state’s Cabinet for Economic Development, Education and Workforce Development Cabinet, Labor Cabinet, and the Kentucky Community and Technical College System.  Governor Beshear hopes the program will help “maintain the Commonwealth as a key player in the global economy for years to come.” As employers know, qualified workforces are the essential factor for success. More >

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