Legal
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1 year between complaint and firing doesn't show bias, 5th Cir. says
Employers that can appropriately justify discipline may be in a good position to defend themselves even if temporal distance is minimal, however.
By Jennifer Carsen • Feb. 21, 2020 -
New Jersey proposal would mandate discrimination, harassment policies
The bill continues a trend among state and local governments, particularly those governed by Democratic majorities.
By Ryan Golden • Feb. 21, 2020 -
Wendy's pays $400K to settle Massachusetts child labor charges
Several of the nation's biggest restaurant chains have been charged with violating Massachusetts' child labor laws.
By Lisa Burden • Feb. 20, 2020 -
Ulta pays $1.75M to settle suit involving off-the-clock work claims
The settlement will cover 23,767 class members. The average estimated payment rings in at $44.38, with the largest payment at $222.45.
By Lisa Burden • Feb. 19, 2020 -
California Apple employees owed pay for time spent waiting on bag checks
A state court said the workers were "clearly" subject to Apple's control during the waiting time.
By Jennifer Carsen • Feb. 19, 2020 -
Google engineer's complaint about diversity was protected, NLRB says
Although some of the comments were "somewhat insensitive towards women and minorities," protections still applied, the Board said.
By Jennifer Carsen • Feb. 19, 2020 -
Professor's poor treatment wasn't discrimination, 11th Cir. rules
The court noted an employer may fire a worker for a "good reason, a bad reason, a reason based on erroneous fact, or for no reason at all, as long as its action is not a discriminatory reason."
By Lisa Burden • Feb. 18, 2020 -
Advocacy group moves to protect Glassdoor poster identity
The company that filed suit said it believes negative comments on the job reviewing site are a breach of the contract former employees signed.
By Aman Kidwai • UPDATED: Feb. 18, 2020 at 4:44 p.m. -
Alleged plan to remove 'old-timers' wasn't enough to keep age suit alive
For stray remarks to defeat a motion for summary judgment, they must closely relate in time to the adverse action, the 7th Cir. said.
By Lisa Burden • Feb. 17, 2020 -
Wells Fargo ends mandatory arbitration of sex harassment claims
The bank's head of HR said the decision is "appropriate" as treatment of sexual harassment claims becomes a more prominent issue for businesses.
By Ryan Golden • Feb. 13, 2020 -
Employer adopts hiring goal to resolve claim it hired 155 men, 5 women
Among other things, EEOC alleged the employer's physical tests had a disparate impact on female applicants.
By Lisa Burden • Feb. 13, 2020 -
NYC to pay EMTs, paramedics $14.5M in overtime suit
With a new salary threshold in place, it's a good time for employers to audit overtime practices, sources previously told HR Dive.
By Lisa Burden • Feb. 12, 2020 -
EEOC to prioritize 'robust' compliance assistance, new chair says
A focus on compliance assistance over enforcement is standard for agencies operating under Republican administrations, experts say.
By Jennifer Carsen • Feb. 12, 2020 -
Gallup: A third of college faculty feel respected at work
Those in higher education aren't the only ones feeling disrespected; 90% of workers in a previous poll reported being bullied in the workplace.
By Valerie Bolden-Barrett • Feb. 12, 2020 -
Stray remarks — even if 'offensive' — didn't show discrimination, 5th Cir. says
Regardless, sources have said HR pros may want to conduct training to prevent stereotyping.
By Lisa Burden • Feb. 11, 2020 -
'Snubbing' from supervisors is not discrimination, 7th Cir. finds
A Wisconsin state worker alleged she endured poor treatment — including eye-rolling and non-material changes to her job — from a new supervisor.
By Jennifer Carsen • Feb. 11, 2020 -
The ability to stay awake is an ADA essential function, 5th Cir. says
The court said an employer was entitled to fire a personnel manager for violating its "alertness policy."
By Lisa Burden • Feb. 10, 2020 -
Quick tips for employers as coronavirus outbreak continues
U.S. employers need not overreact to this news — overreaction may, in fact, cause compliance troubles, one source told HR Dive.
By Katie Clarey • Feb. 07, 2020 -
Termination 8 months after EEOC complaint wasn't retaliation, 11th Cir. says
While timing usually is not enough to show retaliation, a very short period between protected activity and discipline can create such an inference.
By Jennifer Carsen • Feb. 07, 2020 -
Prison officers' pre-shift duties were compensable, 10th Cir. rules
The court said officers needed to be paid for the time they spent in security screenings, in briefings and obtaining specialized keys and equipment.
By Lisa Burden • Feb. 07, 2020 -
3rd Cir. OKs Philly salary history ban
In what was viewed as a test case for the rest of the nation, the court concluded the law is "not more extensive than necessary."
By Ryan Golden • Feb. 07, 2020 -
Court revives ADA suit involving 'I hate working with women' outburst
The employee had requested break time, and the court noted that "an employer's failure to provide a reasonable accommodation is itself a violation."
By Ryan Golden • Feb. 06, 2020 -
Software company not liable for product inaccessible to blind employee
Healthcare software company Epic Systems was not responsible for its customers' treatment of their blind employees, a court said.
By Jennifer Carsen • Feb. 06, 2020 -
Freight hauler settles claim it had an 'unwritten policy' prohibiting hires over age 51
Despite the ADEA's 50-year history, a recent investigation revealed ageism is "rampant" and is the "last acceptable bias in America."
By Lisa Burden • Feb. 06, 2020 -
Miami-Dade police officer wasn't fired for EEOC complaint, 11th Cir. concludes
Although the employer imposed discipline 58 days after a complaint, the officer presented no other evidence of pretext, the court said.
By Jennifer Carsen • Feb. 06, 2020
