Employment Law-EEOC Priorities (2018-2021)

The U.S. Equal Employment Opportunity Commission (“EEOC”) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases).

The EEOC’s priority focus, include:

Eliminating Barriers in Recruitment and Hiring      The primary focus will be on class-based recruitment and hiring practices that discriminate against racial, ethnic, and religious groups, older workers (over 40), women, and people with disabilities. Areas include exclusionary policies and practices, job segregation, channeling/steering of individuals into specific jobs due to their status in a particular group, restrictive application processes (including online systems that are inaccessible to individuals with disabilities), and screening tools that disproportionately impact workers based on their protected status (e.g., pre-employment tests, background checks impacting African Americans and Latinos, date-of-birth inquiries impacting older workers, and medical questionnaires impacting individuals with disabilities.

Addressing Selected Emerging and Developing Areas

  • Qualification standards and inflexible leave policies that discriminate against those with disabilities;
  • Accommodating pregnancy-related limitations under the ADAAA and Pregnancy Discrimination Act
  • Protecting lesbians, gay men, bisexuals and transgender (LGBT) people from discrimination based on sex;
  • Clarifying the employment relationship and the application of civil rights protections in light of increasing complexity of employment relationships and structures, including temporary workers, staffing agencies, and independent contractors.

Preserving Access to the Legal System      The EEOC will focus on policies and procedures that limit substantive rights, discourage or prohibit individuals from exercising their rights under employment discrimination statutes, or impede EEOC’s investigative or enforcement efforts. Specifically, the EEOC will focus on: 1) overly broad waivers, releases and mandatory arbitration provisions; 2) employers’ failure to maintain and retain applicant and employee data and records required by EEOC regulations; and 3) significant retaliatory practices that effectively dissuade others in the workplace from exercising their rights.

 

5 Things to Consider in Running a Business

Quite frequently, as an experienced business attorney, entrepreneurs have asked me what things they need to be conscious of and be knowledgeable in when owning a business.  Although many business owners are great at what they do, they do not necessarily have the know-how about business related subjects which will ultimately play an important role in their success in their business venture.  As such, I have come up with a list of areas that I feel are important for any business owner to be knowledgeable in or to at least have access to experienced legal counsel, a certified public accountant and a business related insurance agent or agency.

  • Business Insurance. Almost all businesses need some form of insurance to protect either themselves as owners or the company as a whole. A business owner should sit down and explore all the business insurance programs available to them consistent with their business operations and needs. Business insurance is an important part of protecting business assets and the owners from potential exposure. For example, if a company handles a lot of money, the company should consider getting employee dishonesty insurance to cover the potential exposure of an embezzlement claim.
  • Government Regulations. Business owners should be cognizant of all government regulations that could affect the workplace. This includes tax, employment, and conducting business in general (e.g. licensing). Some businesses, depending on the specific industry, are more regulated than others. For example, the trucking industry might be more highly regulated by laws than perhaps a pizza establishment.
  • Business Taxes. A general understanding of all taxes related to the company is important. Knowing how much tax will be assessed to businesses is as equally important as getting an understanding of when they need to be paid as well as what forms need to be filed with local, state and the federal government.  Failure to pay taxes when due and in the amount due could have a serious, detrimental impact on a business.
  • Business Contracts.             Ultimately businesses will be doing businesses with third parties (e.g. vendors, employees, individuals, other companies, etc.), and in many of those instances, a written agreement is important to protect the interests of the business.  In many instances, contracts will dictate what the parties have agreed upon.
  • Intellectual Property.      Protecting your name, product, slogan, or services are extremely important in business. Getting trademarks, patents, and copyrights protects you from competitors.

In my opinion, when running a business, business owners should have 3 “trusted” advisors which would include an experienced business attorney, certified public accountant and a business insurance agent or agency

 

“An Ounce of Prevention is Worth a Pound of Cure” in the Business World

Most of you have probably heard of the old saying of “An Ounce of Prevention is Worth a Pound of Cure” which was coined by Benjamin Franklin. That quote has been often used in the legal world for the general proposition that if we prevent a problem in the first place, it will save a great deal of time, effort and cost in trying to repair or fix the damage done later. In other words, it is better to keep a bad thing from happening than it is to fix the bad thing once it has happened. This is no different than things we do in our personal lives where we use preventative measures (e.g. vaccines, annual physicals and dental services) in order to protect us from potential harm or severe medical problems.  Unfortunately, and far too often in the business world, business owners and their employees try to do legal related things on their own, which are customarily meant to be done by an experienced business attorney, in order to save money. Many times, owners and their employees do not utilize business attorneys until they’ve got a problem, those problems normally being self-inflicted because they didn’t seek out legal advice in the first place and for which the problem is generally of a serious nature. Likewise, attorneys are not magicians or illusionists and normally can’t simply make a problem disappear with a “wave of wand” or “pixie dust” and, thus, the costs of fixing or repairing a problem are usually substantial as compared to doing something to prevent it in the first place. Business attorneys are generally engaged to provide business clients with preventative, proactive and protective measures so that problems won’t occur in the future, which, if in fact they do occur, will cost the business substantial risks and costs.

6 Reasons to Hire The Right Business Attorney

Below is a non-exhaustive list of when business owners should seek out legal counsel in business related transactions in order to explore what preventative, proactive or protective legal measures should be taken:

Seth T. Seidell, Attorney at Law, is an experienced business attorney in Michigan. For more detailed information on the types of business legal services provided, visit the Business Legal Service page on the website at www.seidell-law.com.