Equal Employment Opportunity

Are You Biased Against the Overweight and Heavyset?

Wed, 17 Apr 2013 00:00:00 GMT

Under Michigan law, employers cannot discriminate against people on the basis of weight, but this discrimination appears rampant in the U.S. According to studies at the Yale Rudd Center for Food Policy and Obesity, up to 50% of all Americans are considered overweight. Being overweight is linked to coronary heart disease, stroke, diabetes, and some types of cancer and is estimated to cause 310,000 - 580,000 deaths and cost $71 billion annually in health care. According to the center, if current trends continue, every person in the U.S. will be obese by 2230. Not good news.

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EEOC Loses Another Drug Testing Case

Wed, 10 Apr 2013 00:00:00 GMT

U.S. Steel conducts random drug and alcohol testing on its probationary employees in accordance with the terms and conditions of the Basic Labor Agreement (“BLA”) between U.S. Steel and the United Steelworkers of America, AFL-CIO (“USW”). Newly hired employees receive a copy of the BLA at orientation and must sign an acknowledgement of their “obligation to maintain a safe and healthy workplace free from the devastating effects of alcohol and other drugs.” Because of the protective gear that employees wear, it is extremely difficult for supervisors to identify cause for reasonable suspicion as to the fitness of the employee. In practice, probationary employees are tested on a random basis, and only positive test results are reported to U.S. Steel.

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Are Disabled Workers Being Undercounted in the Workforce?

Wed, 27 Mar 2013 00:00:00 GMT

On March 14^th the U.S. Census Bureau came out with a new national disability employment database. The Disability Employment Tabulation 2008-2010 — available on American FactFinder (the Census Bureau's online statistics search tool) — is sponsored by the Department of Labor's Office of Disability Employment Policy(ODEP) and Office of Federal Contract Compliance Programs (OFCCP).

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Mistake in Job Posting Gets Employer in Hot Water With EEOC

Wed, 27 Feb 2013 00:00:00 GMT

When writing a job posting, it is important to identify the basic qualifications correctly; otherwise, any non-hiring could be considered discriminatory. Recruiters many times experience that pain when hiring. Hiring managers either don’t give important information up front, or they decide they want to change the posting midstream. At that point, the wrong actions can lead to EEOC charges.

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Employers Beware: Background Checks Are Under Attack

Wed, 20 Feb 2013 00:00:00 GMT

Does your company use credit or criminal background checks in your hiring process? Do you have a three-year or seven-year blanket policy on criminal background checks? Are you getting arrest information (which violates Michigan law) as well as conviction information? If you answer yes to any of these questions, you could be targeted by the EEOC or OFCCP for violating Title VII.

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Do Title VII And ADA cover Domestic Violence, Sexual Assault And Stalking?

Thu, 01 Nov 2012 00:00:00 GMT

Apparently the EEOC believes so. On October 12^th, the EEOC issued “Questions and Answers: The Application of Title VII and the ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking (Q&A).” The EEOC admits that federal EEO laws do not prohibit discrimination against applicants or employees who experience domestic or dating violence, sexual assault, or stalking as such; but in same breath, the EEOC says it does.

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“Family Responsibilities Discrimination”: Get Familiar With This Term

Wed, 10 Oct 2012 00:00:00 GMT

Michigan’s HR practitioners will not find the term “Family Responsibilities” in either Title VII or Elliott-Larsen as a new protected category under either law—at least not yet. But they need to know about it anyway.

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Important HR Cases Coming Before the Supreme Court

Wed, 10 Oct 2012 00:00:00 GMT

Employers need to keep their collective eye on five cases (so far) coming before the U.S. Supreme Court this term.

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Appearance Discrimination: A Slippery Slope?

Wed, 10 Oct 2012 00:00:00 GMT

Does your workplace look like a Hollywood movie set? If you answered yes, take heed; your organization may be at risk for a lawsuit. That’s right; while there are no laws against hiring only attractive people, the act of doing so may lead to discrimination in other areas of employment like age, gender, race, religion, and even weight.

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