Business downsizing, a poor job market, and increased government enforcement will dramatically increase employment discrimination lawsuits for the foreseeable future. We got a glimpse of this trend with the Equal Employment Opportunity Commission (EEOC) release of 2009 charge statistics noting a record number of discrimination claims filed last year. The EEOC report shows that 95,000 charges were

In its decision in Crawford v. Metropolitan Government of Nashville and Davidson City, the United States Supreme Court considered the scope of Title VII protections from retaliation for employees who act as witnesses in an employer’s internal investigation into harassment. The Court held that an employee’s involvement in the employer’s internal investigation constituted opposition to unlawful employment practices when she responded to her employer’s questions in a manner disapproving of accused harasser’s sexually obnoxious behavior toward her. The Court’s decision unfortunately does not create a bright line standard for employers defining the scope of an employee’s involvement in an internal investigation which can trigger protections from retaliation. Employers should tread very carefully in this area.Continue Reading Title VII’s Antiretaliation Protections can extend to an Employee’s Involvement as a Witness in an Employer’s Internal Investigation

Employers that rely on a web-based application and recruiting processes should examine their websites for compliance with the ADA’s employment provisions which require accessibility and accommodation in the hiring process.   A recent OFCCP Directive sets forth the agency’s policy on review of employer websites where applications are solicited:

Effective immediately, all compliance evaluations shall

The ADAAA was effective January 1, 2009 requiring employers to focus their approach to disability accommodation. The Job Accommodation Network (JAN) of the Office of Disability Employment Policy recently published a compliance resource identifying four Practical Tips which can be expanded upon as follows:

Review Job Descriptions, Qualification Standards and Accommodation Procedures

Developing job descriptions is

Human Resource Professionals face a demanding legal compliance year in 2009. The following five items should be added to your “To Do” list for the first quarter of ’09:

ADA Amendments Act Compliance (effective 1/1/2009):  The amendments greatly expand the definition of disability refocusing compliance on determining whether the employee is “qualified” and evaluating reasonable