Dive Brief:
- An article by the Indianapolis Star reports that hundreds of thousands of Hoosier workers stand to benefit from the new protections, which are coming mostly out of federal agencies and the Obama administration. Some states are weighing in with protective statutes as well, the Star reports.
- For at least three major categories of employees — those with criminal records, the long-term unemployed and those who are transgender — new workplace protections have affected the way they are hired, fired and treated on the job, the Star reports.
- For employers, protections such as the Second Chance law add red tape and legal hurdles and make it tougher to fill job openings, the Star reports.
Dive Insight:
For example, the 2013 Second Chance law, which helps job applicants by expunging certain criminal records after a specific number of years, is part of what Indianapolis employment lawyer Michael Blickman refers to as “a new frontier of employee rights” in America.
Job applications from the long-term unemployed can’t be routinely tossed into the circular file, for example, and those who are transgender must have equal bathroom rights and other work accommodations and can’t be fired over their gender switch, the Star reports.
Many employers are wondering what they need to do to adapt. “Employers have to remain aware of how employee rights are expanding,” Blickman, an attorney with the law firm of Ice Miller, told the Star.
The Star reports that Blickman foresees a potential wave of lawsuits against employers alleging “negligent hiring” for failing to screen for criminal behavior in their hiring practices. HR leaders across Indiana and other states as well need to plug into these changes, so they can adapt to them before litigation results.
