Category Archives: Compliance
Receiving a complaint letter from the Equal Employment Opportunity Commission (EEOC) can be unsettling, even when you believe such claim to be baseless. As New York and New Jersey employment attorneys, we want to alleviate some of the uncertainty by providing a brief overview of the EEOC complaint process.
When a charge is filed against you under federal law, the EEOC is the federal governmental agency charged with administrative responsibility for discrimination claims, and it must notify you within ten days of the filing. A charge does not constitute a finding that your company engaged in discrimination. Rather, the EEOC is obligated to investigate and determine whether there is a reasonable cause to believe discrimination occurred. Please note that each state has similar discrimination laws and each state maintains similar administrative agencies to process discrimination claims. Procedure under state law may vary from federal procedures, however. get the full read and presentation by Gary Young at JDSupra.com.
Many people use good judgment when posting on the Web. However, some employees cross the line by posting something their employer considers an internal matter or inappropriate.
Therefore, employers are adopting social networking policies to provide guidance to employees as to what is appropriate to post and what isn’t. Policies include how to use social networking sites responsibly, safeguarding intellectual property, and rules for keeping confidential and sensitive information private. Drafting a social networking policy doesn’t appear to be overly difficult.
As recently discussed in this column, the National Labor Relations Board thinks many provisions of social media policies are illegal on the premise they could be construed as infringement on employee rights to concerted activity guaranteed by the National Labor Relations Act. This includes the right for employees to discuss among themselves or with a representative their work problems, compensation, terms and conditions of employment. The NLRB asserts these rights extend to discussions and posting of work issues on the Internet. Read the full article by Jim Evans for the Zanesville Time Recorder here.
Emily Herx had taught literature and language arts at St. Vincent de Paul Catholic School in the Fort Wayne-South Bend diocese in Indiana since 2003. But she filed suit in federal court after she was fired for undergoing in vitro-fertilization fertilization (IVF), which is contrary to Catholic teaching. The diocese has stated it is “saddened” by the lawsuit and denies any discrimination occurred.
Mat Staver of Liberty Counsel tells OneNewsNow that the diocese has a right to fire an employee for violating its religious beliefs. In the case of IVC, fertilized eggs are implanted, but others are destroyed.
“But what we see is the Barack Obama-controlled EEOC (Equal Employment Opportunity Commission) has become the ideological engine to push forward both abortion and homosexuality,” the attorney notes.
In January, the EEOC ruled in favor of Herx under Title VII of the Civil Rights Act and Title I of the American Disabilities Act against both the diocese and the school, sending the case to federal court. Herx was suffering from infertility, which, according to the lawsuit, is considered a disability under the American Disabilities Act.
Staver notes “the appointment of Chai Feldblum in the EEOC. She believes that, in fact, whenever religion is colliding with some other issue, such as abortion or homosexuality, that religion will be the loser. This is a harbinger,” he says, “of things to come if we don’t have a change in the EEOC, and obviously [in] the people who appoint members of the EEOC.”
Herx claims she had been up-front and honest with Principal Sandra Guffey about her procedures, and when the possibility of fertility treatments was brought up, the principal reportedly told Herx, “You are in my prayers.”
Staver says this case is “a clear clash between religious freedom and values that undermine that religious freedom.” Source/Credit: Charles Butts for onenewsnow.com