2013 Top EEOC Enforcement Topics

2013 is here and so are new challenges for employers!  Via HR Alert, below is a list of the top 5 EEOC enforcement topics for 2013. 

 

1. Strict leave policies and ADA.  To avoid EEOC attention, ensure that you are providing proper reasonable accommodations to disabled individuals.  Also under the EEOC microscope will be leave policies like no-fault attendance, fixed-leave and 100% healed (policies requiring an employee to be fully healthy before returning to work.)
2. LGBT Issues:  EEOC will be looking for signs of discrimination against lesbian, gay, bisexual and transgender individuals.  In April 2012 the EEOC issued a precedent-setting case, Macy v. Holder, that interpreted existing laws prohibiting discrimination on the basis of sex to also prohibit discrimination on the basis of gender identity and sex stereotyping (believing a man must be masculine and a woman feminine, for example).   EEOC determined that transgender employees are covered under Title VII.
3. Leave Policies for Pregnant Workers.   Review your leave policies to ensure they don't open the door to discrimination against pregnant workers.
4. Litigation of national and regional class-action cases.  Employers can expect to see a continued emphasis on company wide investigations. 
5. Use of background checks in hiring process.  In April the EEOC released its guidance on the use of arrest and conviction records in employment decisions.  If you need a refresher, refer back to my June 6, 2012 blog for the enforcement guidelines.   As an employer you need to ensure you understand the differences between arrest and conviction records and how, in some instances, the use of an individuals criminal history in making an employment decision may violate the prohibition against employment discrimination under Title VII of the Civil Rights Act of 1964, as amended.

Happy Thursday everyone!