EEOC’s Conciliation Efforts Shortchanges 5,000+ Employee Claims Annually

After the EEOC investigates claims of civil rights violations in the workplace, it either finds “reasonable cause” that illegal conduct has occurred or not.  For those reasonable cause findings, the EEOC is legally required to engage in efforts to conciliate … Continue reading

Yes, The Mandatory ADA Interactive Process Means Employers Have To Actually Discuss Potential Accommodations with Employee

Two lawsuits filed in the past 11 days by the EEOC serve as a reminder that the mandatory “interactive process” under the Americans with Disability Act requires the employer to at least discuss whether there is an appropriate reasonable accommodation.  … Continue reading

“My Disability Made Me Do It,” Seems to Say The San Diego Mayor: Sexual Harassment vs. Disability Discrimination

  Whew!  The San Diego Mayor’s saga of harassment allegations, dogged determination to stay in office, and recent completion of in-patient treatment could make an employment attorney’s head spin! It’s definitely provided sufficient fodder for any number of scenarios for employment attorneys … Continue reading

Workplace Investigations: The Employee’s Lawyer’s Perspective

How do lawyers who represent employees decide which of the employees who contact them to represent?  According to Nina Pirrotti, an attorney with Garrison, Levin-Epstein, Richardson, Fitzgerald & Pirrotti, P.C., one of her “first lines of inquiry in evaluating a … Continue reading

“First, Do No Harm” – A Call For NLRB and EEOC Guidance

In reflecting on the proper role of confidentiality in workplace investigations following the Banner Estrella Medical Center NLRB decision, I am reminded of the fundamental principle all medical students are taught – “First, do no harm.”  This principle is a … Continue reading