The Equal Employment Opportunity Commission (” EEOC”) on July 14, 2014 issued an Enforcement Guidance on Pregnancy Discrimination The document, which was not published for public comment prior to its release, purports to provide guidance regarding the Pregnancy Discrimination Act (“PDA”) and the Americans With Disabilities Act (“ADA”) as it applies to pregnant workers. The
Obesity as a Disability Gaining Traction in the Courts
The question of whether obesity meets the definition of a “disability” under the Americans with Disabilities Act (“ADA”) has received significant play over the past few years. The issue first emerged in 2011 when the EEOC filed suit on behalf of the estate of a very obese woman who was terminated from her employment with
EEOC Settles Its First GINA Case: Request for Employee’s Family Medical History Violates Law
The Equal Employment Opportunity Commission (“EEOC”) announced on May 7, 2013 the settlement of the first case it filed under the Genetic Information Non-Discrimination Act (“GINA”). The case was brought against Fabricut, one of the world’s largest distributors of decorative fabrics. The suit alleged that Fabricut violated both the Americans with Disabilities Act (“ADA”) and
EEOC Hearing on Wellness Programs Highlights Need for Guidance and Legal Risks
During a public meeting on May 8, 2013, the U.S. Equal Employment Opportunity Commission (EEOC) heard testimony from a panel of witnesses representing business and employee advocates and providers regarding the importance 
of developing guidance under the various federal statutes that are implicated by wellness programs.
Notwithstanding the widespread use of wellness programs, there are
The EEOC Continues Its Focus on Systemic Bias: Is Your Company at Risk for a Discrimination Claim?
Systemic discrimination involves a pattern or practice, policy, or class case where the alleged discrimination has a broad impact on an industry, profession, company or geographic area. The Equal Employment Opportunity Commission (“ EEOC”) usually files 200-300 lawsuits per year, and it is expected that these numbers will hold steady or increase into the future.
Retaliation Highest Filed Discrimination Charge at EEOC in 2012
The Equal Employment Opportunity Commission recently reported retaliation under all statutes as the most frequently filed discrimination charge in fiscal year 2012. Race and sex discrimination were the next most frequent charges. The statistics reflect charges of employment discrimination filed for statutes enforced by the EEOC.
The EEOC received almost 100,000 charges of discrimination in