Supreme Benchslap for EEOC

By John Alan Doran Title VII requires the EEOC to engage in “conciliation” once it issues a cause determination. The EEOC’s unique approach to conciliation, which typically is totally divorced from anything conciliatory, is the subject of this morning’s decision from the U.S. Supreme Court in Mach Mining, LLC v. EEOC, No. 13-1019 (U.S. April […]

Will EEOC’s New Wellness Regs Make You Sick?

By Just John The EEOC has broadcast proposed regulations on wellness programs. For all the details, visit https://www.federalregister.gov/articles/2015/04/20/2015-08827/regulations-under-the-americans-with-disabilities-act-amendments. In short, the proposed regs attempt to reconcile (a) Obamacare provisions encouraging wellness programs, (b) the ADA’s approval of medical examinations that are truly voluntary, and (c) the EEOC’s ongoing crusade against wellness programs. Much of the […]

Don’t Go Break-rooming My Heart

By Just John Being a hospital maintenance worker is grueling. Just ask Darrell Allen, who worked for Atrium Medical Center. His job was so taxing that he created a secret break-room for himself in one of the hospital’s air handling rooms. The break-room included a desk and chair; a refrigerator that contained raw eggs, pickles, […]

Unreasonably Sporadic Telecommuting

By Bryan Stillwagon One year ago, we reported on the Sixth Circuit’s ruling that telecommuting could be a reasonable accommodation for a resale steel buyer at Ford suffering from irritable bowel syndrome. There, the employee requested to telecommute as many as four days a week. Ford denied the request because the position, at least according […]