Employee absent nearly 60% of the time was unqualified under ADA

The ADA requires that employers accommodate workers with disabilities, but it doesn't require that essential functions be removed.

By Lisa Burden • Oct. 28, 2019

Santa Clara extinguishes firefighters' overtime suit with $2.7M settlement

The firefighters said the city miscalculated their regular rate of pay, the parameters of which the U.S. Department of Labor said it may soon clarify.

By Lisa Burden • Oct. 25, 2019

Taco Bell franchisee pays $225K for allegedly requesting too much info from green card holders

It's important to remember that employers cannot impose different or more stringent employment requirements on the basis of citizenship status or national origin.

By Jennifer Carsen • Oct. 25, 2019

Line speed trumps safety at Amazon, employee group alleges

The company, however, said the group's report is based on "a biased and unreliable survey" of workers at a Staten Island fulfillment center.

By Jennifer Carsen • Oct. 24, 2019

Glassdoor: Majority of employees have witnessed or experienced discrimination

Bias and discrimination remain powerful forces in the workplace, studies continue to show — and they are not always reflected in obvious behavior.

By Valerie Bolden-Barrett • Oct. 24, 2019

3 workplace policies to rethink for 2020

From recruiting to timekeeping, recent claims have called into question several longstanding employer practices, writes HR Dive's lead editor, Kate Tornone.

By Kate Tornone • Oct. 24, 2019

Intel to pay $5M, adjust salaries to settle pay bias claims

Pay equity is a big concern for many companies, not just those facing an investigation. 

By Lisa Burden • Oct. 23, 2019

Lowe's beats discrimination claims with documentation

When confronted with bias allegations, proof of a legitimate business justification for the action in question can be an excellent defense.

By Jennifer Carsen • Oct. 23, 2019

40% of workers say their employers added new D&I policies in recent years

It's been almost two years since the #MeToo movement first came into the national spotlight, and reports of its impact on workplaces vary.

By Valerie Bolden-Barrett • Oct. 23, 2019

Delta pays $3.5M to end improper overtime calculation claim

The plaintiffs alleged that Delta failed to consider shift differential payments and more in paying overtime.

By Lisa Burden • Oct. 22, 2019

Pennsylvania passes bill requiring construction employers to use E-Verify

President Trump has expressed interest in making E-Verify mandatory, possibly as part of a larger overhaul of U.S. immigration law. 

By Jennifer Carsen • Oct. 22, 2019

Don't let Halloween haunt your workplace: How to manage the holiday's risks

Among other things, HR should remind workers about anti-discrimination and anti-harassment policies, writes Brownstein Hyatt Farber Schreck Associate Hannah Caplan.

By Hannah Caplan • Oct. 21, 2019

Court approves Walmart's $14M pregnancy bias settlement

 A judge called the agreement "substantively fair, reasonable, and adequate."

By Jennifer Carsen • Updated April 30, 2020

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