The Equal Employment Opportunity Commission (EEOC) has issued an updated Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII. That Guidance, which takes effect immediately, is a compilation of the past policy documents and prior court decisions regarding the EEOC’s position that employers’ reliance on arrest and conviction
April 2012
To post, or not to post . . . ? A recent decision may again delay the effective date for the required Notification of Employee Rights.
By Maria Danaher on
Posted in NLRA
Unless reversed or stayed before the end of the month, an April 13, 2012 ruling by a federal district court in South Carolina will block the implementation of a National Labor Relations Board (NLRB) rule that would require most U.S private-sector employers — including most of the 6 million small business in the U.S. —…
Independent Contractor may be viewed as employee for purposes of Title VII liability.
By Maria Danaher on
Posted in Title VII
The anti-discrimination provisions of Title VII of the Civil Rights Act apply only to employees. The determination of whether an individual is an “employee” for purposes of that Act depends largely on whether a putative employer exercised control over the manner and means by which the individual performed a job. While most employers assume that…
Seventh Circuit underscores a circuit split on preferential reassignment of disabled individuals to open positions.
By Maria Danaher on
Posted in ADA, Reasonable accommodation
The Federal Circuits currently are split on the issue of whether the ADA requires reassignment of disabled employees to vacant positions when a more qualified candidate exists, with the 10th Circuit and the District of Columbia Circuit holding that the ADA creates preferential treatment for disabled candidates, and the 7th and 8th Circuits holding that…