When the controversy arose in the golf world about the use of the word lynch and a magazine cover with a noose on it, people commenting on the matter seemed to fall into three camps: (1) some were outraged; (2) some didn’t seem to understand what the big deal was; and (3) some (most I think) were in the middle trying to have a reasonable discussion about something that’s difficult to talk about.  I hope my post of January 24 titled “Lynch, Noose, Golf and Employment Law” was in category (3).  A new article in Human Resource Executive Magazine provides an excellent example of the reasoned approach to this subject.

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The Washington Post reports today that the Equal Employment Opportunity Commission is bent out of shape about the federal government’s declining hiring rate of disabled employees.  The EEOC is looking into this situation.  One wonders if the EEOC might also turn its attention to the private sector.

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Jon Hyman provides clarification on the new Equal Employment Opportunity Commission rule referred to in one of my previous posts today.  He also provides a copy of the actual rule as well as Q&A from the EEOC.  Check out his blog.

According to the Equal Employment Opportunity Commission, employers can distinguish between retiree health benefits for people below age 65 and above age 65.  In fact, the EEOC says employers don’t have to provide retiree health benefits at all to individuals above age 65 who are eligible for Medicare.  Check out an article in today’s Times.

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Religious discrimination gets less attention than any other kind of discrimination.  There just have never been as many lawsuits involving religion as there have been involving race, sex, national orgin, age and disability.  But religious discrimination is still against the law, and there can be some tricky questions when it comes to this subject. 

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In this week’s Tip of the Week, I asked whether you’re the language police in your company or organization. The answer is yes, and you just never know how far you’ll have to go with your policing duties. For example, you may be called upon to police an employee who plays or sings rap lyrics at work. Check out a recent California case involving a lawsuit filed by the EEOC.

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OK, age discrimination is becoming a bigger and bigger problem. So, we’ll just buy off the old timers. You know what I mean. We’ll pay them some money in separation pay or in a severance package. They’ll sign an agreement containing the magic language required by the Older Workers’ Benefits Protection Act (so many days to review and so many days to revoke, depending on whether it’s the termination of a single employee or a group) and a release of all claims against the employer plus the agreement not to file a charge with the EEOC. It’ll cost us more money as the boomers age. But that’s just the cost of doing business.

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Some age discrimination cases are settled, and some are tried.  Either way, they’re dangerous, particularly if the EEOC gets interested.  Check out a settlement described on the EEOC’s website.  Go to www.eeoc.gov.  Type in EEOC v. Sidley Austin next to Search and click Go.  It’ll take you to an EEOC press release on this case.  This is a case that was hard fought (meaning it cost a lot of money) before a settlement was reached.  The amount of the settlement?  North of $27 million.

Today, November 6, the U. S. Supreme Court heard arguments in the case of Federal Express v. Holowecki.
As you know, in order to pursue a discrimination case in federal court,
an employee must file a charge of discrimination with the EEOC within a
certain period of time after the alleged discrimination occurs.

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