Legal
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MIT steps up sexual harassment training for employees, students
The changes were made after a survey revealed that 1 in 6 students experienced sexual harassment.
By Jennifer Carsen • Oct. 18, 2019 -
How pronoun policies can help HR referee when gender and religion clash
In general, employers have a lot of leeway over workplace policies, but they should be careful with phrasing, attorneys told HR Dive.
By Ryan Golden • Oct. 18, 2019 -
DISH settles inaccessible job application claim for $1.25M
EEOC said it has the same expectations for employers operating in the virtual world as those operating brick-and-mortar facilities.
By Lisa Burden • Oct. 17, 2019 -
Worker's 'clear pattern' of performance problems allows Nike to prevail in retaliation case
While protected activity doesn't insulate an employee from discipline, experts say HR may still want to carefully review such decisions.
By Lisa Burden • Oct. 16, 2019 -
Walmart beats age claim by demonstrating evenly applied discipline
Uneven discipline can serve as evidence of discrimination, so HR professionals may need to ensure that policies are applied and enforced evenly.
By Jennifer Carsen • Oct. 16, 2019 -
Two years after #MeToo, managers receive more misconduct complaints than HR
HR will need to create a culture of respect and ensure that workers feel safe reporting misconduct.
By Valerie Bolden-Barrett • Oct. 16, 2019 -
Inability to obtain certification rendered police officer unqualified under the ADA, 11th Cir. says
Courts often give deference to employers' determinations regarding essential functions, so up-to-date, written job descriptions are key.
By Lisa Burden • Oct. 15, 2019 -
11th Cir.: Employee whose sales accounts were transferred did not experience FMLA retaliation
The employee's allegations highlight an important lesson for employers: Employees in similar circumstances should generally be treated comparably.
By Jennifer Carsen • Oct. 15, 2019 -
Domino's franchisee delivers $800K settlement in drivers' underpayment suit
The settlement highlights a number of concerns — including tip credits and uniform deductions — that employers should note.
By Jennifer Carsen • Oct. 15, 2019 -
11th Cir.: Panel 'overwhelmingly preferred' fire chief candidate for experience, not race
The city of Americus, Georgia, showed it chose the other candidate based on education, training, experience and interview performance.
By Lisa Burden • Oct. 14, 2019 -
28% of California public companies still need female board members to comply with new law
The law, which has sparked similar attempts in other states, may place "constrained optimization" on some companies, one researcher told HR Dive.
By Ryan Golden • Oct. 14, 2019 -
EEOC: Pediatric group fired worker whose religion prohibited her from attending holiday party
When the employee asked to be excused from attending the holiday party, the practice owner fired the worker "on the spot" via text message, EEOC said.
By Lisa Burden • Oct. 11, 2019 -
Model's rigid schedule may have made her an employee, says 2nd Cir.
Courts and agencies use various tests to determine a worker's classification, but they all ultimately turn on how much control an employer exerts.
By Jennifer Carsen • Oct. 11, 2019 -
Workers with mental health disorders experience the most discrimination
HR may be able to show support to workers by initiating well-being programs, but they'll need C-suite buy-in to see success.
By Valerie Bolden-Barrett • Oct. 11, 2019 -
Employee had 'unequivocal' notice of arbitration agreement, 5th Cir. rules
The employer provided notice in a mailed brochure, on its internal website and in posters throughout the workplace, among other things.
By Jennifer Carsen • Oct. 11, 2019 -
8th Cir.: Dollar General worker didn't need 'magic words' to ask for ADA accommodation
A supervisor allegedly told the worker she could remain employed only if she "could do the job and not be sick all the time."
By Lisa Burden • Oct. 10, 2019 -
EEOC: Walmart refused to allow applicant with disability to take physical assessment
"This case is a clear example of an employer jumping to conclusions based on an applicant's obvious disability," an EEOC regional attorney said.
By Lisa Burden • Oct. 09, 2019 -
Court OKs Waste Pro garbage collectors' overtime, joint employment suit
The order could allow a jury to decide whether Waste Pro USA was a joint employer along with Waste Pro of Florida, Inc., and therefore liable for the alleged violations.
By Jennifer Carsen • Oct. 09, 2019 -
At SCOTUS, future of LGBTQ worker rights may hinge on a single word
Regardless of how the court rules, it won't necessarily change employer practices, attorneys told HR Dive.
By Ryan Golden , Katie Clarey • Oct. 09, 2019 -
5 weeks of additional leave may be an ADA reasonable accommodation, 9th Circuit says
Employers don't need to allow "indefinite" leave, but requests with an end date require an individual analysis.
By Lisa Burden • Oct. 08, 2019 -
DOL takes a second swing at tip credit, pooling regs
The proposal would allow employers who do not take a tip credit against the minimum wage to operate a tip pool that includes employees who don't traditionally receive tips.
By Kate Tornone • Oct. 07, 2019 -
Houston proved it rejected applicant for lack of qualification, not race, court says
As this case illustrates, documentation can make or break an employer's defense in a lawsuit.
By Lisa Burden • Oct. 07, 2019 -
New OSHA weighting system could lead to more inspections
The process, rolled out this week, could put increased emphasis on the Fatal Four, a former DOL official said.
By Kim Slowey • Oct. 07, 2019 -
Employment agreements can't shorten workers' windows for bias suits, 6th Circuit says
"Any alterations to the statutory limitation period ... remov[e] the incentive of employers to cooperate with the EEOC," the court said.
By Jennifer Carsen • Oct. 04, 2019 -
Worker alleges Taco Bell fired him for refusing to lie his way out of jury duty
An exception to the "employment at will" doctrine protects employees who refuse to participate in an illegal act, court documents noted.
By Lisa Burden • Oct. 04, 2019
