Menu Wessels Sherman Joerg Liszka Laverty Seneczko P.C.
Protecting Employers for Over 30 Years
Office Location
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office
St. Charles, IL Chicago, IL Office Davenport, IA Office Minneapolis, MN Office Milwaukee, WI Office

EEOC Archives

Outsourcing Administration of Employee Leaves of Absence to a Third-Party Vendor Did Not Insulate Dollar General Store from Responsibility to Rehire Returning Service Member under USERRA

Administering employee leaves of absence is complicated. For employers of 50 or more employees there obviously are the Family and Medical Leave Act (FMLA) and D.O.L. regulations to deal with. Then there is the EEOC, which has interpreted the Americans with Disabilities Act (ADA) to require leaves of absence, or extending them under certain circumstances as a reasonable accommodation of an individual's disability. Add worker compensation laws that provide for reinstatement of employees following a work-related illness or injury, as well as an ever growing list of other federal, state and, more recently, local laws governing what employers may or may not do about employee absences and even the most experienced HR professionals have their hands full. Monitoring FMLA leave (especially intermittent leave), work-related absences, military leave, leave as an accommodation and all the legalities of when and how to return workers from such leaves, can be overwhelming. Not surprisingly, many employers have turned to outsourcing these functions, ostensibly to avoid all the hassles and legal pitfalls they present. However, as a recent U.S. Court of Appeals decision demonstrates all too clearly, turning these responsibilities over to a third party does not rid an employer of responsibility, or liability, for complying with the many workplace leave laws that are at play.

No Fault Attendance Policies

It has become a "sign of the times" that many Employers, rather than attempting to negotiate the maze of potential Legal Issues with regard to Employee Absences for sickness, child care, etc., have gravitated to what has become identified as the "No Fault Attendance Policy". Under a No Fault Attendance Policy, Employees are assigned certain points for absences regardless of the reason for those absences, and are terminated after they have accumulated enough points to generate termination and, in some cases, have exceeded the maximum number of days absent in a "No Fault Absence Policy" during a calendar or running twelve (12) month period. Employers believe that this is a very efficient way to maintain neutrality and to avoid asking people the reasons for their absences. Unfortunately, it seems that the Equal Employment Opportunity Commission is taking a very staunch position of disagreement with this concept.

Employers Need to Remain Diligent Regarding Discrimination/Retaliation Investigations in 2018

On November 15, 2017, the Equal Employment Opportunity Commission ("EEOC") issued its annual performance and accountability report. In the report the EEOC states that:

EEO-1 Report Change

In a statement issued on August 29, 2017, the Acting Chair of the Equal Employment Opportunity Commission - Victoria Lipnic, announced that she had received from the Office of Management and Budget Office of Information and Regulatory Affairs (OIRA) - Neomi Rao - Administrator - informing her (Ms. Lipnic) that the OIRA was initiating a comprehensive review and issued an immediate stay of the "effectiveness of the pay data collection aspects of the EEO-1 Form".

New EEO-1 Report

While there is no requirement for Employers to file an EEO-1 Report during Calendar 2017, do not start celebrating too quickly. The "New and Improved" EEO-1 Reports are due by March 31, 2018 and require expanded/new reporting requirements. These new/expanded reporting requirements not only require reporting with regard to race, ethnicity, gender, etc., but also require reporting on the basis of total compensation and total hours worked by race, ethnicity, gender, EEO-1 category and designated salary bands.

Trump Names a New Chair to Head the EEOC

President Trump has appointed Janet Dhillon, an attorney from the mega law firm, Jones Day, to serve as Chair of the Equal Employment Opportunity Commission. Ms. Dhillon's background with a law firm that represents businesses is expected to bring a better appreciation of employers and the challenges they face in complying with a growing number of civil rights laws and regulations in the workplace.

EEOC - Fiscal Year 2016

The Equal Employment Opportunity Commission (EEOC) has recently released statistical data on its Enforcement/Litigation for Fiscal Year 2016 (October 1, 2015 - September 30, 2016). A total number of 91,503 Charges of Workplace Discrimination were filed in FY 2016, which is approximately a 3% increase in Charges from FY 2015. Furthermore, over the twelve (12) month Fiscal Year period, the EEOC resolved 97,443 Charges and secured more than $482 Million for affected Employees. The EEOC responded to well over 585,000 calls and more than 160,000 inquiries to its various Field Offices.

EEOC Prioritizes National Origin Discrimination in the Workplace

It is likely pure coincidence that the EEOC issued its position on national origin discrimination within days of the November elections. The guidelines went into effect on November 21, 2016, modifying the EEOC's previous position on national origin discrimination, issued 15 years ago. The current guidelines are consistent with the EEOC's Strategic Enforcement Plan (SEP) for 2017-2021, which identifies the rights of immigrants as a top priority for the agency.

EEOC Issues New Enforcement Guidance on Workplace Retaliation

For the first time since 1998, the EEOC has published updated guidance on workplace retaliation. Retaliation charges are by far the most common and fastest growing type of claim filed with the EEOC, comprising nearly 45 percent of all charges it now receives. Given the surge in retaliation claims and the additional attention these claims are receiving from the EEOC, employers need to know what activities are protected from retaliation.

Office Locations

140 S. Dearborn Street
Suite 404
Chicago, IL 60603

Phone: 312-629-9300
Map & Directions
Chicago, IL Office

9800 Shelard Parkway
Suite 310
Minneapolis, MN 55441

Phone: 952-746-1700
Map & Directions
Minneapolis, MN Office

1860 Executive Drive
Suite E-1
Oconomowoc, WI 53066

Phone: 262-560-9696
Map & Directions
Milwaukee, WI Office

101 West Second Street
Suite 307
Davenport, IA 52801

Phone: 563-333-9102
Map & Directions
Davenport, IA Office

Dunham Center
2035 Foxfield Road
St. Charles, IL 60174

Phone: 630-377-1554
Map & Directions
St. Charles, IL Office

Wessels Sherman Joerg Liszka Laverty Seneczko P.C.

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.