The U.S. Equal Employment Opportunity Commission (EEOC) recently announced court approval of a $6,200,000 settlement in the landmark Americans with Disabilities Act (ADA) litigation between the EEOC and Sears, Roebuck & Co. In its lawsuit against Sears, the EEOC had alleged that Sears had an inflexible workers’ compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities, violating the ADA. The case resulted in the largest ADA settlement in a single lawsuit in EEOC history.
The EEOC found that 235 individuals were eligible to share in the settlement. The average award was approximately $26,300. The EEOC has indicated that it intends to go after incidences of significant systemic discrimination. This certainly is evidence of that.
State and federal wage and hour law is difficult for even the best HR people to correctly administer. All of us are faced with ensuring that rest and meal break rules are understood and adhered to. While the rules aren’t terribly complex they can be tricky. They certainly can be sensitive as they involve two things highly valued by employees- breaks and pay. Therefore they deserve periodic attention. Serious and costly consequences can result if something as seemingly simple as the law surrounding rest breaks isn’t followed.
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We knew that HR law would change with a Democratic Congress and administration. Well, the changes have begun.
President Obama has signed the Lilly Ledbetter Fair Pay Act into law. The law overrules the 2007 Supreme Court decision of Ledbetter v. Goodyear Tire & Rubber Company, Inc., making it easier for employees to bring discrimination cases by allowing them more time to do so.
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