David S. Feather, Esq.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SANCTIONED BY COURT FOR FAILING TO PRODUCE SOCIAL MEDIA EVIDENCE

In EEOC v. Original Honey Baked Ham Company of Georgia, Inc., which is presently being heard in federal court in Colorado, the Equal Employment Opportunity Commission (EEOC) commenced a lawsuit on behalf of a class of current and former employees asserting sexual harassment and retaliation.  During discovery, the employer requested the class members’ social media […]

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SANCTIONED BY COURT FOR FAILING TO PRODUCE SOCIAL MEDIA EVIDENCE Read More »

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION CRACKING DOWN ON UNNECESSARILY BROAD CRIMINAL BACKGROUND CHECKS

The Equal Employment Opportunity Commission (EEOC) has been pursuing employers whom it believes overstep legal boundaries when conducting criminal background checks.  This is a cause for concern for employers, since an estimated ninety-two (92%) percent of organizations conduct criminal background checks on their applicants. Two recent settlements make it clear that if your company has

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION CRACKING DOWN ON UNNECESSARILY BROAD CRIMINAL BACKGROUND CHECKS Read More »

CHRONIC ILLNESSES AS DISABILITIES

The Equal Employment Opportunity Commission (EEOC) recently obtained a $50,000 settlement on behalf of an employee for America’s Thrift Stores of Alabama who allegedly was refused a reasonable accommodation and fired because of her chronic illness, degenerative joint disease. The EEOC claimed that the employee had a good work record, but once she requested accommodations

CHRONIC ILLNESSES AS DISABILITIES Read More »

FORMER EMPLOYEE ASSERTING SEXUAL HARASSMENT IN THE WORKPLACE ORDERED TO PRODUCE PRIVATE SOCIAL MEDIA COMMUNICATIONS AND PHOTOGRAPHS

A Brooklyn Federal Court Judge recently ordered a employee who is suing her former employer for sexual harassment to produce, as part of that litigation, certain social media communications and photographs. In Reid v. Ingerman Smith, the former employee is alleging that she was sexually harassed at her former workplace, which is a Long Island

FORMER EMPLOYEE ASSERTING SEXUAL HARASSMENT IN THE WORKPLACE ORDERED TO PRODUCE PRIVATE SOCIAL MEDIA COMMUNICATIONS AND PHOTOGRAPHS Read More »

OBAMA ADMINISTRATION UNVEILS A COMPROMISE PLAN ON CONTRACEPTION COVERAGE IN HEALTH CARE REFORM LAW

The Obama Administration released a proposed compromise plan on February 1, 2013 regarding how contraception will be covered under the healthcare reform law. Under President Obama’s Affordable Care Act, contraception is included as a free preventative service.  Under the original rule, religious groups that employ mostly people of their own faith were exempt from this

OBAMA ADMINISTRATION UNVEILS A COMPROMISE PLAN ON CONTRACEPTION COVERAGE IN HEALTH CARE REFORM LAW Read More »

ON THE 20th ANNIVERSARY OF THE FAMILY AND MEDICAL LEAVE ACT (FMLA), NEW SURVEY SHOWS THE LAW’S USE AND IMPACT

The United States Department of Labor has released a survey on the Family and Medical Leave Act (FMLA) undertaken in 2012 in observance of the 20th anniversary of the law’s signing. The survey, which included both employees and worksites, follows two previous assessments, conducted in in 1995 and 2000.  The following are the survey’s key

ON THE 20th ANNIVERSARY OF THE FAMILY AND MEDICAL LEAVE ACT (FMLA), NEW SURVEY SHOWS THE LAW’S USE AND IMPACT Read More »

THREE RESTAURANTS IN NASSAU AND WESTCHESTER COUNTIES ORDERED BY UNITED STATES’ DEPARTMENT OF LABOR TO PAY OVER $1 MILLION TO 225 UNDERPAID EMPLOYEES

A chain of three full-service restaurants in Nassau and Suffolk Counties, and their president, will pay $1,085,752 in back wages, interest and liquidated damages to 255 employees, according to the terms of consent judgments obtained in federal court by the United States Department of Labor.  Asian Moon Restaurant of Massapequa Park Inc., Asian Moon Restaurant

THREE RESTAURANTS IN NASSAU AND WESTCHESTER COUNTIES ORDERED BY UNITED STATES’ DEPARTMENT OF LABOR TO PAY OVER $1 MILLION TO 225 UNDERPAID EMPLOYEES Read More »

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FINDS RACE BIAS AT WET SEAL STORE

The Equal Employment Opportunity Commission (EEOC) recently announced that Wet Seal, a nationwide apparel retailer for young women, illegally discriminated against a former store manager after one of the company’s executives complained about too many black employees at the manager’s store in Pennsylvania. In making its determination, the EEOC stated that Wet Seal’s corporate managers

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FINDS RACE BIAS AT WET SEAL STORE Read More »

THE AMERICANS WITH DISABILITIES ACT (ADA) AND DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING

The United States Equal Employment Commission (EEOC) recently issued a “Question and Answer” regarding the application of the Americans with Disabilities Act (ADA) to applicants or employees who experience domestic or dating violence, sexual assault, or stalking. The ADA prohibits discrimination on the basis of disability.  Specifically, the ADA prohibits different treatment or harassment at

THE AMERICANS WITH DISABILITIES ACT (ADA) AND DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING Read More »

TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 AND DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING

The United States Equal Employment Commission (EEOC) recently issued a “Question and Answer” regarding the application of Title VII of the Civil Rights Act of 1964 (Title VII) to applicants or employees who experience domestic or dating violence, sexual assault, or stalking. Title VII prohibits discrimination based on race, color, sex, religion, or national origin.

TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 AND DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING Read More »