You have questions. We have answers. Discrimination/EEOC Karen J. VanderWerff and Elisabeth Von Eitzen 2015 Warner Norcross & Judd LLP. All rights reserved. WNJ.com Protected Categories Federal law strictly prohibits discrimination and harassment based on a person s: Sex (including pregnancy) Disability Protected Genetic Information Religion Age Race/Color National Origin Veteran Status 2015 Warner Norcross & Judd LLP. All rights reserved. Page 2 Protected Categories Federal contractors and subcontractors also are prohibited from discriminating against individuals on the basis of: Sexual orientation Gender identity 2015 Warner Norcross & Judd LLP. All rights reserved. Page 3 2015 Warner Norcross & Judd LLP. All rights reserved. 1
Michigan Additional Protected Categories Michigan law prohibits discrimination and harassment based on a person s: Religion Race/Color Height Weight National Origin Age Sex Marital Status 2015 Warner Norcross & Judd LLP. All rights reserved. Page 4 EEOC Charge Statistics 2015 Warner Norcross & Judd LLP. All rights reserved. Page 5 EEOC Updated Guidances EEOC Enforcement Guidance on Pregnancy Discrimination and Related Issues Religious Garb and Grooming in the Workplace: Rights and Responsibilities 2015 Warner Norcross & Judd LLP. All rights reserved. Page 6 2015 Warner Norcross & Judd LLP. All rights reserved. 2
EEOC Updated Guidances Employment Background Checks: What Employers need to know What Job Applicants and Employees should know 2015 Warner Norcross & Judd LLP. All rights reserved. Page 7 Pregnancy Discrimination Pregnancy Discrimination Act prohibits discriminations based on: Current Pregnancy Past Pregnancy Potential or Intended Pregnancy Medical Conditions Related to Pregnancy or Childbirth 2015 Warner Norcross & Judd LLP. All rights reserved. Page 8 Pregnancy Discrimination Discrimination/Harassment Light Duty Leaves Reasonable Accommodation 2015 Warner Norcross & Judd LLP. All rights reserved. Page 9 2015 Warner Norcross & Judd LLP. All rights reserved. 3
Religious Accommodations Employers must accommodate sincerely held religious, ethical or moral beliefs or practices, especially as they relate to: Personal attire Observance of religious prohibitions Grooming practices 2015 Warner Norcross & Judd LLP. All rights reserved. Page 10 Steps an Employer Should Take Adopt clear and effective policies prohibiting pregnancy and religious discrimination, including harassment Policies should include reporting mechanism and prohibit retaliation Publish dress codes and grooming requirements Train managers to identify and respond to requests for pregnancy or religious accommodation 2015 Warner Norcross & Judd LLP. All rights reserved. Page 11 Background Checks: What Employers Should Know Technical Assistance Document, issued in 2014 Generally, do not ask about medical information May not use information to discriminate based on age, race, color, or any other protected characteristic. Make sure you are seeking the same information from all applicants and employees Take special care when basing employment decisions on background problems more common among a particular protected class Procedures if using reports from a third-party 2015 Warner Norcross & Judd LLP. All rights reserved. Page 12 2015 Warner Norcross & Judd LLP. All rights reserved. 4
Background Checks: What Employees Should Know Informs employees to contact EEOC if employer treats employee differently Informs employees to contact the FTC if employer gets background report on you without permission Informs employees of the right to receive report 2015 Warner Norcross & Judd LLP. All rights reserved. Page 13 Background Checks: Steps An Employer Should Take Review the two guidance documents Review FCRA requirements Review forms and make sure accurate Review policies and procedures in Employer use of background checks 2015 Warner Norcross & Judd LLP. All rights reserved. Page 14 EEOC 2015 Focus Areas Harassment Systematic Discrimination Wellness Programs 2015 Warner Norcross & Judd LLP. All rights reserved. Page 15 2015 Warner Norcross & Judd LLP. All rights reserved. 5
Harassment: Steps an Employer Should Take Review harassment policy Republish/post policy Training Effective Investigations 2015 Warner Norcross & Judd LLP. All rights reserved. Page 16 Systemic Discrimination Pattern and Practice Recruitment and Hiring Management Trainee Programs and High-level jobs Exclusion of Women From Male-Dominated Fields of Work Disability Discrimination, Pre-employment Inquiries Age Discrimination RIFs, Retirement Benefits Compliance with Customer Preferences 2015 Warner Norcross & Judd LLP. All rights reserved. Page 17 Systemic Discrimination Steps an Employer Should Take Review policies and procedures One Size Fits All Use of Big Data and Social Media Internal Audit and pros and cons of doing so Training 2015 Warner Norcross & Judd LLP. All rights reserved. Page 18 2015 Warner Norcross & Judd LLP. All rights reserved. 6
Wellness Programs History of the EEOC and Wellness Programs The Affordable Care Act and the EEOC Current Status Legislative and Caselaw 2015 Warner Norcross & Judd LLP. All rights reserved. Page 19 Questions & Answers Thank you! Karen J. VanderWerff Elisabeth Von Eitzen 616.752.2183 616.752.2418 kvanderwerff@wnj.com evoneitzen@wnj.com Warner Norcross & Judd, LLP 900 Fifth Third Center, 111 Lyon Street NW Grand Rapids, MI 49503-2487 These materials are for educational use only. This is not legal advice and does not create an attorney-client relationship. 2015 Warner Norcross & Judd LLP. All rights reserved. Page 20 2015 Warner Norcross & Judd LLP. All rights reserved. 7