Sunday, November 10, 2013

Expat EEO Rights: Discrimination By U.S. Employers Abroad and Foreign Employers Within The U.S.

By Erica N. CordovaHR Esquire – The Cordova Law Firm LLC

Nearly gone are the days when employees worked for a truly local company that only conducts business in the United States. We now live in a globalized economy where your job can often times take you oversees, or you find yourself working for a foreign employer operating in U.S. territory. This article explores an employee's EEO rights in these two situations, that weren't initially addressed when much of the non-discrimination legislation was originally enacted.

Discrimination By An Employer Abroad

Section 901 of the Civil Rights Act of 1991 amended Title VII of the Civil Rights Act and the ADA to extend the protections of Title VII and the ADA to American citizen working abroad for an American employer.

Wednesday, November 6, 2013

Are There Any EEO Protections for Caregivers? Signs of Discrimination Against Female & Male Parents & Caregivers

By Erica N. CordovaHR Esquire – The Cordova Law Firm LLC

For parents in the workforce, juggling their personal and professional obligations can be quite a difficult balancing act. Everywhere you look there are articles about work-life balance and how to achieve it. Unfortunately, the assumption of some employers is that your work performance is inherently compromised by your caregiving responsibilities. Making these types of assumptions is very risky for an employer. While women may be the target of most caregiver discrimination, this issue also affects male caregivers as well. 

While discrimination based on an individual's status as a parent (which is prohibited under Executive Order 13152) is not a covered discrimination basis enforced by the EEOC, there are situations where discrimination against a caregiver may serve as sufficient grounds to alleged sex discrimination under Title VII of the Civil Rights Act, or disability discrimination under the ADA. This article explores some of the instances where discrimination against a caregiver could be unlawful.