The U.S. Equal Employment Opportunity Commission (EEOC) recently issued final "Enforcement Guidance on Retaliation and Related Issues" ("Guidance") which details how the federal agency will enforce anti-retaliation laws. This Guidance is the first major update to EEOC enforcement policy on retaliation in nearly 20 years, and reflects changes in employment law over the last two decades, particularly several landmark U.S. Supreme Court decisions. The updated Guidance also adds specific language regarding retaliatory actions under the Americans with Disabilities Act.
Courts are split over whether, under the ADA, employers who are able to reassign incumbent employees to accommodate their disabilities must do so outside of a normal competitive, "best-qualified" application process. The Eleventh Circuit this week joined the fray, holding that employers do not need to abandon a so-called "best-qualified" policy for filling vacancies, even as a reasonable accommodation.
The Securities and Exchange Commission is showing its commitment to keeping the lines of communication open between the SEC and whistleblowers willing to report wrongdoing. The SEC recently announced stiff penalties for two companies that included language in separation agreements that required employees to waive financial rewards they might be eligible for if they disclose employer wrongdoing to the SEC.
Back in 2012, Forbes caused a stir when it published an article detailing how Target was tracking customer purchases so closely that it figured out a teen was pregnant before she had even told her parents. For many people, it was their first real glimpse of how big data - the ever-growing mass of our electronically-stored personal information - is being analyzed to predict behaviors and spot trends. The idea that a retailer could have such detailed knowledge of the most intimate aspects of our lives raised many concerns about how that information was being used.
Yesterday, millions of American workers were denied a long overdue raise. On December 1, 2016, a U.S. Department of Labor (DOL) rule should have made millions of Americans in salaried jobs eligible for overtime pay. Instead, a coalition of businesses and states sought a nationwide injunction blocking the new DOL rule from taking effect, forcing working families to wait indefinitely - and unnecessarily - for relief.