Date archive: July 2015
EEOC Must Try to Conciliate
Before suing an employer, the EEOC must first endeavor to eliminate the alleged unlawful employment practice by informal methods of conference, conciliation and persuasion. 42 U.S.C. 2000e-5. The MaEEOC may only file suit after determining that attempts to conciliate have failed.
Suspicions and Assumptions About an Applicants Religious Practices Can Lead to Title VII Liability for Employers
The Supreme Court recently ruled in E.E.O.C. v. Abercrombie & Fitch Stores, that a job applicant only had to show that the need for a religious accommodation was a motivating factor in the prospective employer’s decision to not hire the applicant in order to prove a violation of Title VII of the Civil Rights Act, and not that the employer had actual knowledge of the applicants need for an accommodation based upon one’s religious practice. Title VII prohibits a prospective employer from refusing to hire a applicant because of the applicant’s religious practice when the practice could be accommodated without undue hardship.
Employer Alert: OSHA Speaks Out on Transgender Bathroom Guidelines
On June 1, 2015, The Occupational Safety and Health Administration (OSHA) released “A Guide to Restroom Access for Transgender Workers”. Under current federal law, employers are required to provide all employees reasonable access to restroom facilities. Now under OSHA’s “model practices” for employers to follow when providing access to restrooms by transgender employees, including:
Personnel Records 101
An employee (or former employee) wants to see their personnel records. Now what?
First step – read the Illinois Personnel Records Review Act (before the employee makes the request).
It is found at 805 ILCS 40.
Here are some highlights of that Act.
Who can ask?
A current employee