Walmart wins gender discrimination case, but court questions its culture

"It appears, however, to be only a matter of time before Plaintiffs' counsel manages to get it right" regarding actionable facts, the court said in its ruling.

By Jennifer Carsen • Aug. 27, 2019

DC Walmart pays $100K to settle EEOC allegations it didn't accommodate deaf workers

The EEOC has mentioned in an enforcement guidance on reasonable accommodation for deaf workers that providing qualified interpreters is often reasonable.

By Lisa Burden • Aug. 26, 2019

Jury awards ex-LA Times columnist $15M for disability suit

Employers often have trouble defending adverse actions against employees with strong performance records, particularly if an employee is long-tenured.

By Jennifer Carsen • Aug. 26, 2019

22 Qdobas hit with largest child labor penalties in Massachusetts AG history

Employers need to be aware of both federal and state child labor laws, as they can vary widely by locality.

By Jennifer Carsen • Aug. 23, 2019

5th Cir.: Mississippi deputy clerk fired for budget shortfall, not bias

The city offered sufficient evidence of its nondiscriminatory reason for terminating the plaintiff — a budget shortfall and a city-wide "reduction in force."

By Lisa Burden • Aug. 23, 2019

7th Cir. upholds ruling against employee who stole documents, alleged pay bias

The employee found copies of male co-workers' performance evaluations in a shared desk and prepared to submit them to the EEOC, the court said.

By Jennifer Carsen • Aug. 22, 2019

EEOC: Firing a worker for taking leave to treat opioid addiction is disability discrimination

The worker took leave to admit himself to an inpatient treatment facility, but was questioned about the leave upon his return and then fired.

By Lisa Burden • Aug. 22, 2019

Retail is rife with harassment, and employers aren't intervening, survey says

The U.K.-based report revealed nearly half of workers experienced "sexual, racist, homophobic or otherwise very offensive language" at work.

By Valerie Bolden-Barrett • Aug. 21, 2019

Labor Department floats FMLA forms revisions

This comment period comes after DOL's announcement earlier this year of its plans to review the regulations accompanying the FMLA.

By Lisa Burden • Aug. 21, 2019

DOJ reaffirms Title VII stance clash with EEOC in court filing

The EEOC's general counsel did not sign a DOJ amicus brief, which argued that Title VII does not prohibit employment discrimination on the basis of transgender status.

By Ryan Golden • Aug. 20, 2019

A manager with customer complaints fails to establish race discrimination

He received three sets of customer complaints during his three-year period at Warren Unilube and also had a poor showing during an annual ISO audit.

By Jennifer Carsen • Aug. 20, 2019

Assisted living community settles EEOC suit claiming it asked Seventh-day Adventists to quit

The two employees told their employer they could not work on Saturdays because it interfered with their Sabbath. 

By Lisa Burden • Aug. 20, 2019

DOL eyes changes to FLSA regs on fluctuating workweek

The move would provide "greater flexibility" to employers who pay employees bonuses and other incentive-based pay, the agency said.

By Ryan Golden • Aug. 20, 2019

How employers can prepare for active shooters by addressing workplace violence overall

Organizations can defend against all types of violence by creating sound procedures and cultivating a culture of safety, experts told HR Dive. 

By Katie Clarey • Aug. 19, 2019

Employer pays $90K to settle charges it fired employee for hearing loss

The company fired him because it was concerned about his workers' comp claim increasing its insurance costs, the EEOC alleged in its complaint.

By Lisa Burden • Aug. 19, 2019

NLRB extends election rule comment period

Having received 11 online comments so far, the board announced that stakeholders now may comment until Dec. 10.

By Jennifer Carsen • Updated Oct. 4, 2019

Study: Managers don't know how to handle harassment complaints

When managers and leaders were approached by an employee with a harassment or discrimination complaint, 39% did not ask questions to identify potential witnesses. 

By Lisa Burden • Aug. 16, 2019

NLRB: Employers may create, enforce arbitration agreements in response to collective action

The ruling is the board's first to tackle employer conduct around mandatory arbitration since the decision in Epic Systems v. Lewis.

By Ryan Golden • Aug. 16, 2019

6th Cir. affirms $677K jury award to FedEx worker told 'females are better suited to administrative roles'

A jury found the company retaliated against her by unfairly disciplining her, not allowing her to earn extra pay and closely surveilling her.

By Jennifer Carsen • Aug. 15, 2019

Study: 21% of workers over 40 said they have experienced age bias

Nearly two-thirds of respondents said they received no age discrimination training in the past 12 months, the Hiscox report revealed.

By Valerie Bolden-Barrett • Aug. 14, 2019

Worker who mistakenly sent colleague disparaging email could not prove gender bias claims

The email said that it was "sad" how many lives the colleague had ruined, according to court documents. 

By Lisa Burden • Aug. 14, 2019

Employer's suspension of worker with safety concerns violated NLRA

The NLRA protects workers who engage in "concerted activity," which includes participating in a concerted refusal to work in unsafe conditions. 

By Jennifer Carsen • Aug. 14, 2019

New report compiles sexual harassment policy reforms made since #MeToo

Five states, for example, extended protections against sexual harassment to interns, independent contractors or graduate students for the first time.

By Valerie Bolden-Barrett • Aug. 13, 2019

Not being greeted in the morning is not retaliation, district court says

The plaintiff also claimed that the company's CEO treated her differently by attending lunches with male employees but not her.

By Lisa Burden • Aug. 13, 2019

Phlebotomist wins $1.5M jury award in racial harassment suit

The worker said one colleague addressed her with a racial slur, while others tampered with or threw away blood specimens she took.

By Lisa Burden • Aug. 13, 2019