EEOC Update 2014 J O Y CE W A L K E R - J O N E S S E N I O R A T - PDF document

8/28/2014 EEOC Update 2014 J O Y CE W A L K E R - J O N E S S E N I O R A T T O R N E Y A D V I S O R E Q U A L E M P L O Y M E N T O P P O R T U N I T Y CO M M I S S I O N S E P T E M B E R 1 7 , 2 0 1 4 What I’ll Discuss 2  EEOC’s Strategic Enforcement Plan  Charge Statistics  Significant Victories  Administrative and Other News Strategic Enforcement Plan (SEP) 3  In FY 2013, EEOC continued to implement its SEP for fiscal years 2012-2016  SEP was developed with extensive input from agency staff and external stakeholders to focus EEOC enforcement and outreach efforts on priorities that will have significant impact on equal employment opportunity in the 21 st century  SEP identified six enforcement priorities for the private, public, and federal sectors 1

8/28/2014 Six National Enforcement Priorities 4  Eliminating barriers in recruitment and hiring by targeting class-based recruitment and hiring practices that discriminate against certain groups, such as people with disabilities  Targeting disparate pay, job segregation, harassment, and discriminatory policies affecting immigrant, migrant, and other vulnerable workers  Addressing emerging and developing issues in equal employment law Enforcement Priorities (cont.) 5  Enforcing equal pay laws  Preserving access to the legal system  Preventing harassment through systemic enforcement and targeted outreach 1 st Wellness Program Suit 6  EEOC v. Orion Energy Systems: EEOC maintains that Orion violated the ADA by requiring an employee to submit to medical exams and inquiries hat are not job-related and consistent with business necessity as part of a so- called “wellness program.” An employee who refused to participate was forced to pay the entire $413.43 monthly premium for her company-provided health insurance and then fired. 2

8/28/2014 Charge Statistics 7  In FY 2013, EEOC received 93,727 charges – approx. 6,000 fewer than previous three fiscal years  Of those charges, 25,957 alleged a violation of the ADA  We filed 131 merit lawsuits, including 89 individual suits, 21 non- systemic suits, and 21 systemic suits  Of those charges, 51 contained ADA claims Breakdown of ADA Charges 8 Most frequently cited impairments :  Anxiety Disorders and Depression 13.5%  Orthopedic and Structural Impairments of the Back 9.0%  Diabetes 4.7%  “Other Disability” 29.4%  ADA Charges (cont.) 9  Most frequently cited issues:  Discharge 23,493 charges  Reasonable Accommodation 14,197  Terms & Conditions 8,731  Harassment 7,580 3

8/28/2014 EEOC Made Employers Pay 10  EEOC secured a record $372.1 million in monetary relief for victims of employment discrimination in private sector and state and local government workplaces through mediation, conciliation, and other administrative enforcement  Legal staff resolved 209 merits lawsuits (including 59 ADA claims ) for a total of $39 million in monetary relief through litigation  Overall, the agency secured both monetary and non-monetary benefits for more than 70,522 charging parties through administrative enforcement activities including mediation, settlements, conciliations, and withdrawals with benefits Who Had to Pay and Why 11  Restrictive Leave Policies:  EEOC v. Interstate Distributor Company: EEOC alleged that a trucking company in Colorado maintain a maximum leave policy and 100 percent restriction-free return-to-work policy that operated to deny reasonable accommodations to employees with disabilities; case was resolved by a consent decree providing $4.9 million to 427 claimants + injunctive relief  EEOC v. Princeton Health Care System (PHCS): EEOC alleged that PCHS’s fixed leave policy failed to consider leave as a reasonable accommodation; resolved by a consent decree, PCHS will pay $1.35 million to employees who were unlawfully terminated 12  Other significant cases involving leave:  EEOC v. Supervalu ($3.2 million challenging termination of approx. 1,000 employees at the end of medical leave)  EEOC v. Sears: ($6.2 million challenging automatic termination policy 4

8/28/2014 13  Unlawful Requests for Medical Information:  EEOC v. Dillards : EEOC alleged that the department store’s policy requiring employees to disclose medical information or face discipline violated the ADA; case was resolved by a consent decree providing $2 million to more than 6,000 individuals + injunctive relief. 14  Failure to Provide a Reasonable Accommodation:  EEOC v. Baptist Health South Florida: EEOC alleged that the hospital discriminated against a general practitioner when it reversed its decision to let a doctor with epilepsy limit her workday to eight hours/day. Hospital will pay $215,000 to settle suit and furnish other relief.  EEOC v. Upper Chesapeake Health System: Healthcare system failed to reassign a technician with Usher’s syndrome (a genetic disorder characterized by varying levels of vision and hearing loss) based on its perception that she could not do her job. Upper Chesapeake will pay $180,000 to settle suit 15  Refusal to Hire/Termination:  EEOC v. Professional Freezing: EEOC charged that the company failed to hire an applicant with prostate cancer based on its fear that he “would end up wearing diapers.” Company will pay $80,000 under a consent decree  EEOC v. Christian Care Center: EEOC alleged that a nursing home fired a LPN, who had worked for one month, when it learned that she is HIV-positive. The center agreed to pay $90,000 to settle the lawsuit 5

8/28/2014 16  Violation of the Genetic Information in Discrimination Act:  EEOC v. Founders Pavilion, Inc.: EEOC charged that a nursing and rehabilitation center requested family medical history as part of its post-offer, pre-employment medical exam of applicants; EEOC also alleged that Founders fired two employees because they were perceived to be disabled. Founders agreed to pay $370,000 to settle the lawsuit New Pregnancy Discrimination Guidance 17  EEOC issued updated Enforcement Guidance on Pregnancy Discrimination and Related Issues , along with a question-and- answer document and Fact Sheet for Small Businesses  Issues discussed:  Leave for pregnancy and for medical conditions related to pregnancy  When employers may have to provide a reasonable accommodation for workers with pregnancy-related impairments under the ADA Other Significant Accomplishments 18  Extensive Outreach and Public Education Activities: Our outreach programs reached more than 280,000 person in FY 2013 through sponsorship and participation in more than 3,800 no-cost educational, training, and outreach events, including:  850 events on disability issues attended by 60,936 participants  93 events that addressed the Pregnancy in Discrimination Act and the ADA were offered to 5,801 attendees 6

8/28/2014 Administrative and Other News 19  General Counsel David Lopez was reconfirmed  Commissioner Jenny Yang was appointed EEOC Vice Chair  Chair Jacqueline Berrien announced that she was not seeking re- nomination 7