Compliance: Page 105
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ADA Title III lawsuits hit another all-time high in 2019
The statute requires places of "public accommodation" to remove barriers to access for individuals with disabilities, including online spaces.
By Jennifer Carsen • March 4, 2020 -
NYC Chipotle worker gets job back in sick leave settlement
The restaurant chain has been under scrutiny in several states.
By Lisa Burden • March 4, 2020 -
A top White House official said 'we need more immigrants.' What does that mean to employers?
Employer stakeholders said they were "heartened" by acting Chief of Staff Mick Mulvaney's comments, but remain skeptical of the administration's approach.
By Ryan Golden • March 4, 2020 -
Appeals Court revives UberBLACK drivers' employee classification claim
The employment status of gig-economy workers has been a controversial topic over the past few years.
By Aman Kidwai • March 3, 2020 -
Hospital worker fired for disclosing patient information, not race and sex
Thorough investigations and strong documentation can help protect employers from allegations of wrongdoing.
By Jennifer Carsen • March 3, 2020 -
5th Cir.: Employee unable to work because of PTSD had no ADA protection
Essential functions are the fundamental job duties that an employee must be able to perform, with or without an accommodation.
By Lisa Burden • March 2, 2020 -
Deep Dive
'A source of tremendous discrimination': Why hair policies matter
Organizations say they have hair policies for safety reasons, but they may have a discriminatory impact, sources told HR Dive.
By Pamela DeLoatch • Feb. 28, 2020 -
'Do you want to coach or do you want to pump?' Worker says NHL team fired her for breastfeeding
A former youth skating coach for the organization that operates the Pittsburgh Penguins sued the company, alleging she was subjected to bias and retaliation.
By Lisa Burden • Feb. 28, 2020 -
EEOC suit: Doubletree operators failed to stop sexual harassment
The agency said it is seeking financial damages and an order that the employer provide sexual harassment training.
By Lisa Burden • Feb. 27, 2020 -
SCOTUS won't hear ex-Walgreens employee's religious discrimination case
Though the case raised two important Title VII issues, it "does not present a good vehicle" to examine them, one justice wrote.
By Ryan Golden • Feb. 26, 2020 -
Fitness instructor fired 'only hours' after filing complaint can continue retaliation, bias charge
While timing alone can establish a prima facie case of retaliation, it's not always enough to carry a claim.
By Lisa Burden • Feb. 26, 2020 -
2nd Cir.: Sales rep with migraines triggered by work had no ADA disability
A disability is a physical or mental impairment that substantially limits one or more major life activities, according to the federal law.
By Lisa Burden • Feb. 26, 2020 -
Senior living company to pay $2M to settle suit alleging '100% healed' policy
The news follows a spate of EEOC suits and settlements targeting similar policies in recent years.
By Ryan Golden • Feb. 26, 2020 -
NLRB finalizes joint employer rule
The rule effectively overturns the joint-employer standard established by the Obama-era NLRB's 2015 decision in Browning-Ferris Industries.
By Ryan Golden • Updated Feb. 25, 2020 -
US women's soccer players seek summary judgment, could be due $66M, economist says
The U.S. Soccer Federation shot back, however, saying the "plaintiffs want the court to force U.S. Soccer into paying them as though they negotiated a different contract."
By Sheryl Estrada • Feb. 25, 2020 -
JPMorgan Chase sued for allegedly placing black bankers at lower-income branches
They were also allegedly denied the opportunity, based on their assignments, to participate in a lucrative "Private Client" program.
By Jennifer Carsen • Feb. 24, 2020 -
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 -
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