Employer Law Blog

Before suing an employer, the EEOC must first endeavor to eliminate the alleged unlawful employment practice by informal methods of conference, conciliation and persuasion. 42 U.S.C. 2000e-5. The MaEEOC may only file suit after determining that attempts to conciliate have failed.

As discussed in an earlier blog article, the EEOC takes a dim view of employer wellness programs to the extent they “encourage” participation through monetary penalties. As part of its wellness program, Honeywell encouraged employees and their dependents to participate in a biomedical test which would analyze a blood sample for, among other things, cholesterol, glucose and nicotine levels.