Back in the summer, we wrote about the Equal Opportunity Commission’s release of its updated enforcement guidance on pregnancy discrimination claims under the Pregnancy Discrimination Act.
On November 17, 2014, the Securities and Exchange Commission’s Office of the Whistleblower (“OWB”) released its fourth Annual Report on the Dodd-Frank Whistleblower Program to Congress, which details information on OWB’s activities and bounty payouts for the fiscal year, as described in our posts on the 2012 and 2013 Annual Reports.
EEOC’s 2014 Performance and Accountability Report Reflects Continued Efforts to Pursue High Priority, Systemic Litigation
On November 18, 2014, the EEOC released its 2014 Performance and Accountability Report (“PAR”). The Report is an annual scorecard of sorts for the EEOC. It reflects the progress of the EEOC’s continued efforts to follow enforcement priorities outlined in its 2012 strategic enforcement plan (“SEP”) (read more here), including its systemic litigation initiative.
Can an employer require employees to undergo biometric testing or suffer penalties under their health benefit plan as part of a corporate wellness program?
Employers like separation agreements. Separation agreements, of course, are contracts that employees sign when their employment is terminated that allows them to be paid severance and in exchange they usually give up the right to sue their employer.
On Wednesday, November 12, 2014, NLRB General Counsel Richard Griffin, NLRB Board Member Harry Johnson, and EEOC Commissioner Chai Feldblum participated in a panel discussion that touched upon employers’ use of social media during the hiring process. Their remarks highlighted the need for employers to be cautious about looking at potential hires’ social media profiles and posts.
Minnesota District Court Shoots Down the EEOC’s Request for Preliminary Injunction Over Wellness Program
On November 6, 2014, in EEOC v. Honeywell International, Inc. Case No. 14-CV-4517, 2014 U.S. Dist. LEXIS 157945, (D. Minn. Nov. 6, 2014), Judge Ann Montgomery of the U.S. District Court for the District of Minnesota denied the Equal Employment Opportunity Commission’s (“EEOC”) request for a preliminary injunction enjoining Honeywell International Inc. (“Honeywell”) from levying penalties against employees who refused to undergo biomedical testifying in conjunction with Honeywell’s corporate wellness program.
On November 6, 2014, the Eleventh Circuit reined in the Equal Employment Opportunity Commission’s (EEOC) use of a broad administrative subpoena in an investigation of an individual charge of discrimination. The case is EEOC v. Royal Caribbean Cruise Lines Ltd.
For employers, a healthy workforce can mean improved productivity, lower absence rates, and a reduction in health insurance costs. In an effort to realize these rewards, many employers have implemented wellness programs, including programs that build in incentives for employee participation.