Employers: Time to Update your EEO Postings

For the first time in a while, the EEOC has revised its required employer postings. This new version reflects current federal employment discrimination law, including two new laws, the Americans with Disabilities Act Amendments Act of 2008 and the Genetic Information Nondiscrimination Act of 2008, which is effective November 21, 2009. The revised poster also includes updates from the Department of Labor.

There are several ways for employers to obtain the new required postings:

  1. Print the EEOC's supplemental posting below and post it alongside EEOC’s September 2002 “EEO is the Law” poster or OFCCP’s August 2008 “EEO is the Law” poster.
  2. Print and post the EEOC’s comprehensive November 2009 version of the “EEO is the Law” poster.
  3. Or order a new poster through the EEOC Clearinghouse.  

 

 

EEOC Using New and Improved ADA to Sue for Pregnancy Discrimination

Prior to Congress' recent amendments to the ADA, few if any lawyers would have given serious consideration to using the ADA as an avenue to sue for a pregnancy-related condition instead of bringing a traditional pregnancy discrimination claim pursuant to Title VII.  The fact that the EEOC has recently filed a lawsuit seeking to do just that speaks volumes about the how much stronger the ADA is perceived to be by practitioners following the recent amendments.  

The EEOC’s lawsuit charges that D.R. Horton (NYSE:DHI) refused to accommodate a female project manager in Kirkland, Wash., when it denied her additional unpaid leave time after her doctor placed her on bed rest for over seven months as a result of pregnancy-related complications. Although the company initially provided some leave time, it finally stated it was against company policy to provide the employee any more leave time, even if it was unpaid, and then fired her.

The EEOC, filing suit on the employee's behalf, has apparently determined that it can bring a stronger case under the new and improved ADA than it could by utilizing Title VII's protections against pregnancy discrimination.  This will be an interesting case to watch.  

According to the company's website, D.R. Horton is the biggest home builder in the United States and a Fortune 500 company with operations in 28 states and headquarters in Fort Worth, Texas.

 

 

 

Four Tips to Help You Stay Sane on Your Job Hunt

Writer Anya Weber has a good article out on how to stay sane while searching for a job in this terrible job market:

 "I’ve applied for 70 jobs over the last five months, and honestly, it’s been kind of a nightmare. The hardest part for me has been maintaining my cheerful attitude. In that spirit, here are a few tricks that seem to be helping me land interviews and (just as important) feel like I’m approaching my job safari with style, grace, and finesse, rather than abject desperation."

Here is a link to the entire article.

 

 

 

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EEOC Files Class National Origin Harassment Suit Against Hilton Hotel

 

The U.S. Equal Employment Opportunity Commission (EEOC) filed suit last Friday against Fireside West, LLC, doing business as the Hilton in Lisle/Naperville, Ill., charging that the hotel violated Title VII by subjecting its Hispanic employees to a hostile work environment. The EEOC’s complaint said that the hotel subjected Hispanic employees to frequent ethnic slurs from the hotel’s executive chef.

The EEOC’s lawsuit, in U.S. District Court in Chicago (Civil Action 09-CV-05979, assigned to District Judge James B. Zagel and Magistrate Judge Maria G. Valdez), arose out of charges of discrimination filed with the EEOC by two former employees of the hotel. The EEOC’s administrative investigation which preceded the lawsuit, supervised by EEOC Chicago District Director John Rowe, revealed that the executive chef would allegedly openly refer to Hispanic employees under his supervision with derogatory terms such as “wetbacks,” “f----ing Mexicans,” and “stupid Mexicans.”