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A federal judge in Aberdeen, Mississippi recently heard an employee’s claims that she was rescheduled to the graveyard shift as a result of discrimination and that she had been subjected to a hostile work environment. To state a claim for discrimination, an employee must demonstrate that she suffered an adverse employment action.
In 2017, a team of economic scientists decided to ask that question by submitting resumes with traditionally Black and white names to 108 different U.S. Despite identical resume content, over 30 percent of companies in the study discriminated against Black applicants by name alone (one interpretation puts that number over 60 percent).
The ADA forbids a covered employer from discriminating against a qualified individual on the basis of a disability with regard to the terms, conditions, and privileges of his employment. 2017 WL 3014429 (5th Cir., Charlie appealed the dismissal of his case, and the 5th Circuit affirmed. 5th Circuit’s Decision.
Previously, we’ve addressed how it’s great for finding and attracting strong candidates, but it’s also possible to use social media to exclude candidates that might lead an employer to a more diverse workforce. Solutions to that conundrum do exist, though. I can turn any one of these into a diversity search,” Tortorici says.
It’s the first day of October, which means the leaves are starting to turn red and orange, pumpkin spice is everywhere, everyone is looking longingly at their sweaters — and new employmentlaws are here! Ward, EmploymentLaw Subject Matter Expert/Legal Writer and Editor. Wage and Hour. Not a member?
Circuit Court of Appeals revived an employee’s FMLA lawsuit June 6, finding that she had provided strong evidence that the City of Alexandria, Virginia, was actually her primary employer and should therefore be held liable for FMLA violations ( Quintana v. June 6, 2017)). Employer Takeaway. City of Alexandria , No.
Our employmentlaw experts highlight the significant developments so far this year. Even though the year isn’t over, 2017 has already been busy for California employers. You should make sure you are in compliance with new regulations, court rulings, local ordinances and other employmentlaw developments this year.
Meanwhile, a study by BDO reveals the median hourly gender pay gap has fallen from 13.21% in 2017 to just 12.07% in 2022. EU Pay Transparency Directive versus UK employmentlaws EU member states face significant changes to pay transparency legislation, which must be transposed into law by June 7, 2026. That drops to 8.3%
Below is guidance on some of the more common national origin discrimination issues that may confront employers. What Is National Origin Discrimination? Discrimination is the different treatment of a person based on a protected characteristic such as gender, disability, or national origin.
These new laws will affect California employers’ day-to-day operations and policies in 2017 and beyond. CalChamber’s employmentlaw counsel wrapped up their analysis of the significant pieces of employment-related legislation that Governor Brown signed into law.
This year marks the 50th Anniversary of the federal Age Discrimination in Employment Act (ADEA) prohibiting age bias against workers 40 years of age and older. On June 14, the EEOC held a meeting to explore age discrimination in the United States workforce and future challenges. Acting Chair Victoria A. Not a member?
In an era where employers are having to plan for changes in workplace drug testing compliance, primarily due to evolving marijuana laws and our nations opioid crisis, another compliance beast continues to rear confuse employers: Disability Discrimination. Both federal and state laws provide this protection.
As we head toward the new year, don’t forget there are several new laws affecting California employers in 2017. CalChamber’s employmentlaw counsel analyzed the significant pieces of legislation that Governor Brown signed into law and prepared a white paper summarizing their effects on California employers.
EEO-1 reports for 2019 are now required to include hours-worked and pay data information on their employees for calendar years 2017 and 2018. Equal Employment Opportunity Commission (EEOC) by September 30, 2019. If the charge pertains to pay discrimination, EEO-1 pay data may be contained in the charge file.
Because she was unable to establish that Greg’s reasons for discharge were “unworthy of belief,” the court affirmed judgment for the employer. June 19, 2017). This article was written by Kelly Smith-Haley of Fox, Swibel, Levin & Carroll, LLP , and an editor of the Illinois EmploymentLaw Letter. 16-1671 (7th Cir.
We all understand that filing a discrimination charge with a government agency is protected activity, but one employee recently claimed that withdrawing such a charge is also protected. On August 3, 2012, the EEOC dismissed her charge without finding evidence to support her allegations of discrimination. Background.
For the past five Noels, I’ve concluded my posting year with “The 12 Days of EmploymentLaw Christmas.” On the first day of Christmas, my employment lawyer gave to me. On the eighth day of Christmas, my employment lawyer gave to me. On the ninth day of Christmas, my employment lawyer gave to me.
In this episode of The Workplace podcast, CalChamber employmentlaw experts Matthew Roberts and James Ward discuss the National Labor Relations Board (NLRB) ruling in Stericycle, Inc. and Teamsters Local 628, and how it affects California employers’ workplace rules and handbooks. Stericycle, Inc. Roberts says.
Do you have an affinity for six of the internet’s top labor and employmentlaw and HR bloggers coming together to present said webinar? Register now for our one-hour recap of all the big employment-law and HR-compliance news of 2017, along with some practical tips to help you prepare your workplace for 2018.
The court found an employee’s complaint contained sufficient allegations of discrimination based on her disability and her use of medical leave to move forward toward trial. In December 2014, Allison filed a lawsuit that included allegations of disability discrimination and violations of the FMLA. as a warehouse manager.
In 1997, the Equal Employment Opportunity Commission (EEOC) accepted 16,394 charges alleging retaliation under Title VII of the Civil Rights Act of 1964, but that number swelled to 33,082 in 2016. However, that changed after she filed a charge of discrimination with the EEOC in May 2011. The cycle continued. Not for Nancy!
1, 2017 may still seem pretty far off, but now’s the time to make sure you’ll be in compliance with the EEOC’s new wellness rules that kick in on New Year’s Day. not be used only to predict an employer’s future health costs. 1, 2017 for the health plan the employer uses to calculate the incentive.
Equal Employment Opportunity Commission (EEOC) has sued an employer on an employee’s behalf, alleging that it fired him for complaining about discrimination on job-review site Glassdoor.com. Marlon also posted that “[m]ost management do not know what the word ‘discrimination’ means, nor do they seem to think it matters.”.
New legislation for 2017 requires any establishment that is licensed by the Board of Barbering and Cosmetology (BBC) (e.g., to post a notice regarding workplace rights and wage-and-hour laws ( AB 2437 ). This notice must be posted beginning July 1, 2017 , and must be posted in four languages: English, Spanish, Korean and Vietnamese.
Other 2018 employmentlaws and their impact on such topics as Personnel Records , Privacy , Leaves of Absence , Discrimination and many more. Use this page for a quick guide to updates to individual employmentlaw topics. Changes to required posters and pamphlets. Spend some time in the HR Library.
percent in August 2017. You can find these statistics and more in EDD’s 2017 Veterans Day Workforce Report. Veterans are protected under federal law, including the Uniformed Services Employment and Reemployment Rights Act (USERRA). Gail Cecchettini Whaley, CalChamber Senior EmploymentLaw Counsel.
Minimum wage increases will affect numerous states across the country in January 2017. per hour, but the FLSA does not supersede any state or local laws that are more favorable to employees. State minimum wage changes effective January 1, 2017. State minimum wage changes effective July 1, 2017. per hour on July 1, 2017.
“Mandatory flu vaccines are lawful, but there are several issues that you must keep in mind,” Jennifer S. Frank , an editor of South Dakota EmploymentLaw Letter and attorney with Lynn, Jackson, Shultz & Lebrun, P.C. , in Rapid City, South Dakota, wrote in the January 2017 issue of the newsletter.
In December 2017, the Communications Workers of America and three individuals filed a class-action lawsuit in federal court in California against companies they claim are unlawfully discriminating against people because of age. Social recruiting is about reaching candidates with niche expertise and experience, not about discrimination.
In one recent decision that affects most workplaces, the NLRB established a new test for evaluating an employer’s policy, rule, or handbook provision to determine if it will potentially interfere with the exercise of an employee’s NLRA rights ( The Boeing Company, 19-CA-090932 (Dec. 14, 2017)). 14, 2017)). 25-CA-163189, (Dec.
Indeed, there’s evidence supporting the use of print over digital textbooks (Alexander & Singer, 2017; Baron, 2016; Crum, 2015). From the organization’s perspective, this principle is integral to the success of the training program” (Levy, 2017, p. to discriminate) against a group if the selection rate (i.e.,
The Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) prohibits covered federal contractors and subcontractors from discriminating against protected veterans and requires these employers to take affirmative action to recruit, hire, promote and retain these veterans. Not a member? See how CalChamber can help you.
Off the Hook on Discrimination, Not Reasonable Accommodation. Here’s the deal: In a discrimination context (i.e., Maslanka is an editor of Texas EmploymentLaw Letter and can be reached at Michael.Maslanka@FisherBroyles.com. The post Off the Hook for ADA Discrimination Claim? AccentCare, Inc. (N.D. Bottom Line.
A recent federal court decision is a good reminder that applicants or employees who currently use illegal drugs or marijuana or abuse alcohol are not protected under the Americans with Disabilities Act (ADA) or the Fair Employment and Housing Act (FEHA). The employee sued for disability discrimination. Harrah’s LLC. (D. Not a member?
California has strict rules that prohibit harassment and discrimination based on protected classes, including national origin. The draft regulations discuss the type of acts that may constitute national origin discrimination. Explanation of rules relating to accent discrimination. on July 17, 2017. Comment Period.
On Monday August 21, 2017, in the middle of the workday, millions of people will abandon their jobs to gaze up at the skies and experience what might well be a once-in-a-lifetime event: a total eclipse of the sun. The EEOC has explained that “undue hardship” means that the employer would incur more than a “ de minimis” burden.
Employers are protected from lawsuits related, among other things, to drug testing or disciplining an employee including termination if that action was taken in a good faith belief that the employee used or possessed marijuana at work, while on duty or in violation of the Company’s policy.
The EEOC has set their national priorities for 2017-2021. The Equal Employment Opportunity Commission (EEOC) recently approved an updated Strategic Enforcement Plan (SEP) , which sets national priorities for fiscal years 2017-2021. Gail Cecchettini Whaley, CalChamber EmploymentLaw Counsel/Content. Not a member?
6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard from a former Home Depot manager, claiming that he was discriminated against based on a “perceived” disability. Was this a case of disability discrimination? 16-5174, 2017 WL 24751 (6th Cir., Home Depot USA, Inc.,
.” A federal judge in New Orleans recently rejected an employer’s request to dismiss its former employee’s pregnancy discrimination case. The court’s decision rested in part on the allegation that the employer fired her less than a week after she gave notice she was pregnant. November 8, 2017).
California’s Fair Employment and Housing Council (FEHC) proposed amendments in 2017 to the state Fair Employment and Housing Act (FEHA) to specifically address national origin protections. California already has strict rules that prohibit harassment and discrimination based on protected classes, including national origin.
While I know a lot about employmentlaw, I often come up short on popular culture. In addition to improving my pop culture chops, the case provides a valuable lesson for employers on how and why to terminate an employee who has engaged in protected activity. In Tune with the Law. Notice what the employer did here.
In June 2017, the DOL announced that it would be reinstating the use of Opinion Letters going forward. The DOL stated in its June 27 th press release: “The action allows the department’s Wage and Hour Division to use opinion letters as one of its methods for providing guidance to covered employers and employees. Prince, J.D.,
Send in comments by February 9, 2017. Yesterday, the federal Equal Employment Opportunity Commission (EEOC) stated that it is seeking public input on a proposed enforcement guidance addressing unlawful harassment under federal anti-discriminationlaws. ” The EEOC will accept public input until February 9, 2017.
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