by Dorraine A. Larison, Esq., Gray Plant Mooty, St. Cloud
Employers often see firsthand the impact of domestic violence, sexual assault and stalking on employees.
Most of the time, employers that learn that someone is experiencing some form of domestic violence try to do what they can to help the employee manage the situation. Sometimes, however, employers aren’t exactly supportive.
The EEOC has taken the position that, on occasion, employer missteps in these situations may be a form of discrimination under federal law.
How the EEOC sees it
In guidance issued by the EEOC, the agency points out that Title VII and the ADA do not directly prohibit discrimination against applicants or employees who experience domestic or dating violence, sexual assault or stalking.
That doesn’t mean employees who feel mistreated by their employers can’t sue—for sex discrimination.
The EEOC guidance provides several examples of how an employe...(register to read more)