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This month, the EEOC issued its controversial Enforcement Guidance: Pregnancy Discrimination and Related Issues. Of course, we all knew that pregnancy discrimination was unlawful, but did you know that according to the EEOC Guidance:

  • Many short term pregnancy related conditions are considered disabilities under the ADAAA, and thereby implicating a duty to reasonably

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Consider the following hypothetical:

Scenario: Amy is a receptionist for Judgment Day Church. The Church fires Amy after it learns that she had an elective abortion. The termination notice states that Amy is being terminated for violating a pledge she signed at the time she was hired stating she would not engage in immoral conduct that is contrary to Church teachings.

Which of the following statements is correct?

A.  Amy may have a claim against the Church for invasion of her Constitutional right to privacy.

B.  Amy may have a claim against the Church for pregnancy discrimination.

C.  Amy does not have a claim against the Church for discrimination because Church employees are exempt from discrimination claims under the Ministerial Exception created by the Free Exercise Clause of the First Amendment.

D.  Amy does not have a claim against the Church because the alleged misconduct occurred outside regular working hours.Continue Reading Employment Law IQ: Can a Church Employee be Fired for Having an Abortion?

At HR Law & Solutions earlier this year, we brought back Employment Law IQ: our employment law game show, designed to help attendees spot potential legal issues and learn strategies to mitigate risks from those issues. As promised at the seminar, we will share a few scenarios here on the blog over the next few weeks to further test your Employment Law IQ.

First up? Social media and hiring. Social media policies and privacy settings can be source of pain for employees and employers alike, but they are critical in this electronic age. But the considerations go beyond social media policies — employers must also take care in how they use information learned from social media and other online searches during the employment process.

Question. What would you do in this scenario? You are looking to hire a general manager. While doing an online search of the top candidates, you discover that one of the candidates has blogged about his recovery from alcohol addiction. Based on your online discovery, you decide to hire another candidate who is as equally qualified. Which of the following statements is correct?

A.  Your hiring decision is unlawful because all online searches of applicants violate the EEOC guidelines on pre-selection criteria.

B.  Your hiring decision is lawful because the first candidate self-disclosed his status as a former alcoholic.

C.  Your hiring decision is unlawful because it is based on the first candidate’s disability.

D.  Your hiring decision is lawful because the first candidate is not disabled under the ADA.Continue Reading Employment Law IQ: Hiring Decisions Based on Social Media Postings

Yesterday, the Equal Employment Opportunity Commission announced that a record number of private sector workplace discrimination charges were filed with the agency in its fiscal year 2010.  In its press release, the EEOC noted that 99,922 charges were filed, calling this figure an  “unprecedented level” of discrimination charges.  The statistics show the EEOC, through…

The U.S. Equal Employment Opportunity Commission (“EEOC”) announced the filing of three new disability discrimination cases in a recent press release.  These cases, which were filed under the ADA Amendments Act of 2008 (“ADAAA”), allege discrimination against qualified individuals with diabetes, cancer, and severe arthritis.

You should recall that the ADA was amended by…