Before an employee can file a discrimination lawsuit against their employer, they must first exhaust all internal remedies the company offers. Then, the worker must file a complaint with the Equal Employment Opportunity Commission or a corresponding state agency such as the Maryland Commission on Civil Rights or the Virginia Division of Human Rights. This is meant to ensure the worker exhausts the available administrative remedies, as well.
"When you get cultural change on civil rights, it happens because industry leaders do the right thing," said the commissioner of the Equal Employment Opportunity Commission recently.
Employers with more than 100 employees will soon be required to submit detailed reports on how their workers are paid, broken down by gender, race and ethnicity. The Equal Employment Opportunity Commission passed a rule requiring the reports in 2016, but the rule was halted by the Office of Management and Budget (OMB). Now, a judge has ordered the rule to move forward. What remains unclear is whether companies will have to begin submitting the reports by the original deadline of May 31.
The Equal Employment Opportunity Commission's fiscal year 2018 closed just a few days before the anniversary of the first stories about media mogul Harvey Weinstein's alleged sexual misconduct. Outrage against Weinstein and others in Hollywood began a national reckoning in which powerful men in media, politics, journalism and other fields have been publicly accused of sexual harassment, assault and misconduct.
The Equal Employment Opportunity Commission (EEOC), states that retaliation is far and away the most common employment claim for employees in the private and public sectors, making up nearly half of all cases. Recently the EEOC released new guidance on retaliation claims, the first such guidance in years. Understanding how this guidance applies to the workplace is critical for all businesses, as well as employers who face retaliation in the workplace.
A national drug store chain has agreed to a $250,000 settlement with a former employee who claims that he was fired because of his disability. The settlement also dictates that the company may commit no additional violations of the American with Disabilities Act (ADA) and that it must provide additional ADA training for store managers to ensure that no such violations take place in the future.
Sexual harassment cases do not always stem from a supervisor harassing an employee. Sometimes, a worker is being harassed by a co-worker, and his or her supervisor is doing little to stop it. In other cases, a worker might even experience sexual harassment from someone who is not a part of the place of employment--such as a customer, client or patient that is within the workplace. In these cases, the supervisor or employer is still obligated by law to take actions to stop the sexual harassment once alerted.