Compliance: Page 76


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    Court: FMLA did not require employer to restore worker to position eliminated during leave

    DOL holds that the leave law does not shield workers from events that would have affected them had they not been on leave.

    By July 15, 2021
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    Making faces doesn't count as retaliation, 5th Cir. says

    Retaliation occurs when an employer takes an adverse action against someone who has been involved in protected activity, EEOC says.

    By July 15, 2021
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    A new lawsuit 'every single day': Employers see legal action over use of biometric info

    Illinois employers such as Walmart and Topgolf have recently paid out multimillion-dollar settlements to employees claiming improper use of their biometric data.

    By July 14, 2021
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    EEOC sues UPS for refusing to accommodate, then firing, an employee with brittle diabetes

    The HR supervisor at the Jacksonville, Florida, warehouse had referred to the employee as a "liability," EEOC alleged.

    By July 14, 2021
  • President Joe Biden participates in a conference phone call with governors affected by a snowstorm in the Midwest and southwest Tuesday, Feb. 16, 2021, in the Oval Office of the White House.
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    Retrieved from The White House.
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    Biden's competition executive order takes aim at non-compete agreements

    The White House argued the order's provisions will make it easier for workers to change jobs and drive wage increases.

    By Updated July 12, 2021
  • A workplace poster published by the U.S. Equal Employment Opportunity Commission is displayed featuring the EEOC logo.
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    Kate Tornone/HR Dive
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    Key updates for employers from EEOC's EXCEL conference

    Equal employment opportunity and HR professionals gathered to discuss topics ranging from LGBTQ worker rights to accommodations.

    July 12, 2021
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    Suit: Extended Stay America fired worker over transgender presentation

    EEOC Chair Charlotte Burrows recently noted that LGBTQ workplace discrimination remains an enforcement priority for the agency.

    By July 9, 2021
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    Ryan Golden/HR Dive
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    Staffing agency discriminated against deaf employees, EEOC charges

    The agency failed to provide sign language interpreters for staff meetings despite repeated requests, EEOC said.

    By July 8, 2021
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    Employers may not need to offer accommodations that violate safety regs, 2nd Cir. says

    "An employer cannot be held liable for failing to offer an accommodation that is expressly prohibited by binding federal law," the court said.

    By July 7, 2021
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    Court rejects ADA suit from employee whose brother contracted COVID-19

    The case touches on a common question among employers, particularly early in the pandemic.

    By July 7, 2021
  • The headquarters of the U.S. Equal Employment Opportunity Commission in Washington, D.C.
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    Ryan Golden/HR Dive
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    Walmart settles EEOC suit alleging manager rebuffed sex harassment complaints

    When one woman reported her co-worker's behavior, management told her to "put her 'big girl panties on,'" EEOC said.

    By July 2, 2021
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    EEOC: Nursing home kept written policy requiring workers to disclose pregnancies

    The facility also fired certain pregnant employees who needed accommodations, the agency said.

    By July 1, 2021
  • A workplace poster published by the U.S. Equal Employment Opportunity Commission is displayed featuring the EEOC logo.
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    Kate Tornone/HR Dive
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    3 employment law trends to watch in the last half of 2021

    Recent case law is raising questions related to topics spanning from LGBTQ rights to race discrimination.

    By June 28, 2021
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    Photo by Anna Shvets from Pexels

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    Stronger pregnancy discrimination protections may benefit employers, too

    The Pregnant Workers Fairness Act, which passed in the House and awaits Senate approval, could help ensure that employers and employees are on the same page with workload expectations. 

    By June 28, 2021
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    JBS Swift to pay $5.5M to settle EEOC suit over religious discrimination

    The EEOC alleged that Muslim employees were harassed when they tried to pray during breaks, including bathroom breaks, among other things.

    By Lisa Burden • June 25, 2021
  • A workplace poster published by the U.S. Equal Employment Opportunity Commission is displayed featuring the EEOC logo.
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    Kate Tornone/HR Dive
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    Biden signs resolution removing overhaul to EEOC conciliation process

    The news follows a yearlong process by which the formerly Republican-led commission sought changes to increase opportunities for voluntary charge resolutions.

    By Updated July 1, 2021
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    In-N-Out sued over alleged lack of COVID-19 protections

    The plaintiff also alleged the company engaged in retaliation against workers when they complained.

    By Lisa Burden , June 24, 2021
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    What to know about service animals in the workplace

    Accommodating people with service animals can sometimes be complicated, but there's usually a way to do so, said an EEOC EXCEL panel on the topic.

    By June 23, 2021
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    Texas hospital's vaccine mandate doesn't create wrongful termination, court says

    The decision is perhaps one of the most significant to come down from a federal court as U.S. employers work toward vaccination goals.

    By June 21, 2021
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    DOL proposal would resurrect 80/20 rule for tipped workers who perform untipped work

    The agency's announcement this week is the latest in a series of changes and delays regarding the tip credit.

    By June 21, 2021
  • The headquarters of the U.S. Equal Employment Opportunity Commission in Washington, D.C.
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    Ryan Golden/HR Dive
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    Navigating FMLA and ADA responsibilities following worker injury

    Speakers at EEOC's training conference addressed the intertwining responsibilities employers face when someone gets hurt.

    By June 21, 2021
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    EEOC officials outline goals, guidance for combating LGBTQ discrimination

    The agency published a webpage and several guidance documents this week, which marked the anniversary of the U.S. Supreme Court's Bostock decision.

    By June 18, 2021
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    EEOC sues car dealership over racist 'trophy' incident

    No remedial action was taken in response to the man's complaints, the EEOC noted. 

    By Lisa Burden • June 18, 2021
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    Photo by Dominika Roseclay from Pexels

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    With paternity leave, dads get in on ‘baby boot camp’

    When parents learn to care for their baby in the months after the birth together, they share responsibilities more equally later on, sources say.

    By June 17, 2021
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    DOL confirms overtime exemption review is in the works

    The item appeared as part of the agency's Semiannual Regulatory Agenda.

    By Updated July 29, 2021