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. 9, 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. 9, 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. 9, 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. 8, 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. 7, 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. 7, 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. 7, 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. 4, 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. 4, 2019

EEOC sues rehab clinic for denying pregnant woman leave it had previously granted others

Compliance training on state and federal legal requirements for pregnant workers can prevent worker requests from turning into legal actions.

By Lisa Burden • Oct. 4, 2019

New York Jets player sues NFL for disability discrimination

Employees and employers often arrive at an agreeable accommodation, but one misinformed manager can cause trouble, experts have said.

By Jennifer Carsen • Oct. 3, 2019

9th Cir.: McDonald's not a joint employer under California law

While the case dealt with state law, it's nonetheless good news for employers concerned about joint employer liability — an issue that remains in flux. 

By Jennifer Carsen • Oct. 2, 2019

BofA, Dell, Goldman Sachs to pay $20M to settle DOL discrimination claims

The agreements indicate the department is committed to enforcement of anti-discrimination laws despite pro-employer shifts in recent years.

By Ryan Golden • Oct. 2, 2019

Logic Staffing pays $170K to settle claim that it refused to hire deaf candidates

EEOC said its lawsuit was the third legal action filed in the region in 2018 that alleged an employer refused to hire people who are deaf.

By Lisa Burden • Oct. 2, 2019

74 employers have used DOL's new self-reporting program, paying out $4M

The Wage and Hour Division holds out the PAID program as a success, but is it a good deal for employers?

By Jennifer Carsen • Oct. 1, 2019

Court revives claim of worker demoted to shoveling sewage after child's diagnosis

The ADA protects workers against bias based on a "known relationship or association" with someone who has a disability.

By Lisa Burden • Oct. 1, 2019

NLRB judge finds Elon Musk's tweet violated labor law

Among other things, Musk has been ordered to read a notice to employees to reassure them that Tesla and its managers are bound by the NLRA.

By Ryan Golden • Oct. 1, 2019

Employer will pay $925K to settle claims involving third-party harassment

The agency noted that employers cannot rely on the preferences of co-workers, customers or clients as the basis for adverse employment actions. 

By Lisa Burden • Sept. 30, 2019