Tag Archives: EEOC

Sexual Orientation May Already Be Covered by Discrimination Statutes… Maybe

The Equal Employment Opportunity Commission (EEOC) recently ruled that discrimination based on sexual orientation is illegal based on existing anti-discrimination statutes, and no new legislation is needed to ban sexual orientation discrimination.  This could add one more protection for lesbian, gay, and bisexual people (due to a quirk in the law, transgender people were already mostly protected from discrimination) especially with the major victory in the recent Supreme Court same-sex marriage decision Obergefell v. Hodges.  Unfortunately, there is reason to believe that these protections may not actually last for long.  Hit the jump for all the details… Continue reading

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Filed under Discrimination, Rights

Costco Sex Harassment Lawsuit May Have Lessons for Missouri Teachers

Almost exclusively, claims of sexual harassment are brought against coworkers or supervisors.  So what is an individual to do when the harasser falls outside of one of these two groups?  The Equal Employment Opportunity Commission (EEOC) recently brought suit against Costco in just such a situation and the case may also provide guidance for teachers as well.  Hit the jump for all the details… Continue reading

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Filed under Discrimination, Uncategorized

Medical Information Addendum: The EEOC Weighs In

Just last week I posted an article discussing what sort of information an individual needs to give to their employer when they are suffering from a medical issue.  In that article, I noted that many employers request very broad releases, sometimes requesting access to any and all medical information on the employee.  Well this week the Equal Employment Opportunity Commission (EEOC) has filed suit against a Minnesota company for this exact issue!  (hat tip to the Employer Handbook for pointing out the press release)  Hit the jump for the details… Continue reading

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Filed under Americans with Disabilities Act, Discrimination

Discrimination Time Limits – Missouri’s Unique Requirement

When an individual in Missouri files a complaint of discrimination with the Equal Employment Opportunity Commission (EEOC), the timelines are relatively straightforward: the complaint must be filed within 180 days of the last discriminatory event and then a lawsuit must be filed within 90 days of receiving the right-to-sue letter from the EEOC.  Unfortunately, Missouri law contains an extra caveat, one that almost brought a recent litigant’s claim to an early end.  See Plengemeier v. Thermadyne Indus. Inc., No. ED99193 (Mo. App. E.D. June 4, 2013).

Hit the jump for the Show-Me state quirk… Continue reading

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Filed under Discrimination, Missouri, Uncategorized

Sexual Harassment and 180 Day Limits

When talking with individuals concerned about potential discrimination in their workplace, I often find that they are surprised by just how short a time they have to file their claims.  In Missouri, employees only have 180 days from the date of the alleged discriminatory act to file a claim with the Equal Employment Opportunity Commission or the Missouri Human Rights Commission (or both!).  In some circumstances, where the alleged discrimination went on for years, the individual learns that they can’t challenge any of the potentially discriminatory behavior because the most recent incident occurred more than 180 days ago.  However, if there has been at least one incident in the last 180 days, the entire course of conduct can be actionable according to the “continuing violation” theory.  A recent case from the 3d Circuit Court of Appeals (DE, NJ, PA, Virgin Islands) analyzes just such a situation, and also provides some guidance on sexual harassment retaliation as a bonus.  See Mandel v. M&Q Packaging Corp., No. 11-3193 (3d Cir. Jan. 14, 2013).  Hat Tip to the Lawffice Space for pointing this case out.

For all the details and some timely advice, hit the jump…

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Filed under Discrimination