Signaling its intent to pursue its viewpoint that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation (including transgender identity), the Equal Employment Opportunity Commission has taken several recent steps to advance its theory that Title VII’s statutory term “sex” has broad application within the meaning of the federal employment discrimination law.
The EEOC recently announced that it is suing FedEx Ground Package System for allegedly violating the Americans With Disabilities Act in their dealings with deaf and hearing-impaired workers nationwide.
The Affordable Care Act creates new incentives to promote employer wellness programs. However, employers should not rush to establish such programs without first considering the implications of the Americans with Disabilities Act.
The EEOC’s lawsuit against CVS, which alleged that the company’s severance agreements were impermissibly restrictive, has been dismissed, but not for the reasons employers would have hoped. EEOC v. CVS Pharmacy, Inc., No. 1:14-cv-863 (N.D. Ill. Oct. 7, 2014).
Not Impressed by the Chutzpah: Court Refuses to Bless the EEOC’s Attempt to Create a New Form of Pattern or Practice Litigation
Judge John Darrah of the U.S. District Court for the Northern District of Illinois issued a decision this week in the EEOC’s landmark case against CVS Pharmacy.
The federal district court in Chicago last week issued its much-awaited opinion in EEOC v. CVS Pharmacy, Inc., No. 1-14-cv-00863 (N.D. Ill. Oct. 7, 2014).
On September 22, 2014, in EEOC v. Vicksburg Healthcare LLC, et al., Case No. 3:13-CV-895 (S.D. Miss. Sept. 22, 2014), Judge Keith Starrett the U.S. District Court for the Southern District of Mississippi granted defendant’s motion to dismiss an EEOC lawsuit for lack of personal jurisdiction and insufficient service of process.
How could we miss it? Another EEOC suit under the ADA against a health care related company which we failed to notice! Another “low-hanging fruit!”
“One Would Expect a Medical Center, of All Places, to Be Sensitive to an Employee with a Disability”
Yes — that’s what an EEOC attorney said upon the settlement for $75,000 of an ADA case it brought in California against Kaiser Permanente, the US’s largest managed care organization.
The EEOC has commenced two lawsuits since August against employers who have established wellness programs that appear to comply with HIPAA’s wellness rules (as expanded by the Affordable Care Act).