U.S. Equal Employment Opportunity Commission (EEOC)

The Equal Employment Opportunity Commission issued its new “Enforcement Guidance on Retaliation and Related Issueson On August 25, 2016. Careful readers will be able to deduce from the section titled “Expansive Definition” that the EEOC uses an expansive definition of what constitutes protected activity. This activity is “protected” in the sense that

The Equal Employment Opportunity Commission reports that, in fiscal year 2015, 44.5% of the charges it received alleged retaliation. That makes retaliation the most popular charge it received by a large margin. Previous statistics showed that retaliation claims were even more popular at the Department of Fair Employment and Housing – the EEOC’s California counterpart.

With increasing frequency, employees are relying on disabilities to excuse work-related misconduct. While we’ve been writing about this for years (some suggested that my 2011 post “To What Extent Are California Employers Required To Accommodate Violent Nutjobs” was insensitively titled), a recent decision out of California takes the cake, or in this case,

Many employers utilize background checks to gather information prior to making hiring decisions.  In the past, if someone turned up with a felony conviction, their application was dismissed.  NOT SO FAST!

The EEOC now says that such an act might constitute a violation of Title VII, unless a separate business justification exists for the decision.  More specifically,

I’ve posted before about the challenges employers face in determining how much leave an employee is entitled to.  On June 8, 2011, the EEOC met to discuss issues surrounding leave of absence as a reasonable accommodation for disabled employees.

The EEOC reiterated the need for flexibility in leave policies.  Any policy that requires automatic termination at