In a memo released by the Department of Justice yesterday, Attorney General Holder directed government attorneys to no longer exclude gender identity, including transgender issues, from Title VII’s protection against sex discrimination. This is the latest development in a trend showing that the federal government considers discrimination against transgender individuals to be unlawful and
Don’t Forget That 12 Weeks Really Doesn’t Mean 12 Weeks
I frequently receive calls from clients involving an employee who is about to use up all of his available medical leave (FMLA or otherwise), but who has little chance of returning to work anytime soon. Many times, the employee has some sort of condition that the doctors cannot quite figure out or has a workplace
Minnesota Judge Issues Blow to EEOC’s Challenge to Corporate Wellness Program (For Now, Anyway…)
Can an employer require employees to undergo biometric testing or suffer penalties under their health benefit plan as part of a corporate wellness program? On November 3, U.S. District Judge Ann Montgomery refused to grant the EEOC’s petition for a temporary restraining order prohibiting Honeywell International, Inc. from continuing such a practice—so maybe.
Under Honeywell’s
EEOC Sues FedEx Ground for Failing to Accommodate Deaf Employees and Recruits
The EEOC recently announced that it is suing FedEx Ground Package System for allegedly violating the Americans With Disabilities Act in their dealings with deaf and hearing-impaired workers nationwide. The suit claims that FedEx Ground failed to provide American Sign Language interpretation and closed-caption training videos during a mandatory initial tour of facilities and new-hire
OFCCP Joins EEOC in Holding That Gender Identity/Transgender Discrimination is Sex Discrimination Under Title VII
The Office of Federal Contract Compliance Programs (OFCCP) issued a Directive on Gender Identity and Sex Discrimination (DIR 2014-02), announcing that it will follow the EEOC and investigate claims of gender identity discrimination as sex discrimination. To see the Directive, go to the OFCCP website.
OFCCP enforces Executive Order 11246, which prohibits federal contractors