Compliance: Page 84
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SCOTUS declines to review 11th Cir.'s rejection of ADA jury award
The circuit court said the plaintiff could not "point to 'a specific instance in which she needed an accommodation and was denied one.'"
By Kate Tornone • Updated Feb. 25, 2021 -
Deep Dive
Compliance questions remain after the high court's LGBTQ ruling
From employee benefits coverage to investigation procedures, there's much employers may want to review, sources told HR Dive.
By Ryan Golden • July 13, 2020 -
Explore the Trendline➔
Adeline Kon/HR DiveTrendlineInside the rapidly changing world of compliance
The HR landscape is ever-shifting, leaving compliance professionals to meet today’s requirements while keeping an eye on the future.
By HR Dive staff -
Retrieved from Pexels.
Lap band surgery didn't render teacher 'regarded as' disabled under the ADA, 5th Cir. rules
The ADA provides nondiscrimination protection to individuals with an actual disability; with a record of a disability; and regarded as having a disability.
By Kate Tornone • July 10, 2020 -
Abnormal cell growth — without cancer — may be a disability, 6th Cir. rules
The court noted the plaintiff was diagnosed with not only a genetic mutation that limits cell growth but also "epithelial cell growth serious enough to warrant a double mastectomy."
By Katie Clarey • July 10, 2020 -
Retrieved from Pixabay.
Workplace COVID-19 lawsuits increasing 'exponentially,' Fisher Phillips says
The data is a stark reminder "that typical best practices cannot be ignored simply because we are operating in unprecedented times," the law firm said.
By Lisa Burden • July 10, 2020 -
Transfer offer undercut employee's retaliatory discharge claim, 8th Cir. says
Despite a manager's allegedly discriminatory remark, the employee was let go because her project was winding down and she refused a transfer.
By Lisa Burden • July 9, 2020 -
Pew: Asian, Black individuals say they face discrimination amid COVID-19
The U.S. Equal Employment Opportunity Commission has said it will "redouble" its "efforts to address institutionalized racism, advance justice and foster equality of opportunity in the workplace."
By Sheryl Estrada • July 9, 2020 -
'Bizarre, nonsensical' slights did not constitute harassment of University of Tennessee prof
The incidents lacked the severity and frequency needed to establish harassment, the 6th Circuit concluded.
By Katie Clarey • July 9, 2020 -
EEOC sues Mitsubishi dealer, saying HR exec 'witnessed and encouraged' sex harassment
Recently, the agency has sued several employers, alleging they ignored the hostile work environments created by managers and supervisors.
By Lisa Burden • July 9, 2020 -
Supreme Court upholds Trump admin's ACA contraceptive opt-out expansions
The High Court's ruling provides a measure of clarity on a long-standing legal dispute over the Affordable Care Act.
By Ryan Golden • July 8, 2020 -
Federal employment laws don't protect religion teachers at religious schools, High Court rules
SCOTUS said "[a] religious institution's explanation of the role of its employees in the life of the religion in question is important."
By Kate Tornone • July 8, 2020 -
Telemundo faces sex harassment suit
How sexual harassment complaints and investigations are handled in the workplace can affect employee trust in HR, according to research.
By Sheryl Estrada • July 8, 2020 -
Temp agency pays $568K to settle claim it honored discriminatory client requests
The employer discriminated against Black and female applicants and employees, EEOC alleged in a lawsuit.
By Lisa Burden • July 7, 2020 -
Lack of medical support dooms Merck rep's ADA accommodation request
The employee's doctor also cleared her to work without her requested accommodation, the 7th Circuit said.
By Kate Tornone • July 7, 2020 -
8th Cir: Demotion 1 year after protected activity wasn't retaliation
"[A]n 'interval of more than two months is too long to support an inference of causation'" without more evidence of retaliation, the court said.
By Lisa Burden , Kate Tornone • July 6, 2020 -
In-home health provider agrees to $12.5M wage and hour settlement
In addition to workers' claims about overtime, they also alleged they were denied pay for travel time.
By Katie Clarey • July 6, 2020 -
Court advances age bias claim against vaccine producer
HR can help employers avoid such allegations and support diversity initiatives by implementing policies that forbid and prevent age discrimination.
By Lisa Burden • July 6, 2020 -
2nd Cir.: Workers' hours need not drop below 40 for fluctuating workweek pay
A class of Bed Bath & Beyond workers failed to show the store underpaid overtime by compensating them through the fluctuating workweek method.
By Katie Clarey • July 6, 2020 -
SCOTUS will not weigh in on salary history's role in setting compensation
The move leaves intact an appeals court ruling that prior salary cannot justify a wage differential.
By Katie Clarey • July 2, 2020 -
Deep Dive
Pay parity: What is it and how does an employer get there?
Fair compensation requires both awareness and action, sources told HR Dive.
By Pamela DeLoatch • July 2, 2020 -
Chicago Transit Authority improperly calculated overtime rate, workers claim
The employees' shift differential wages were not included in their regular rate, the class action lawsuit alleges.
By Lisa Burden • June 30, 2020 -
Rutgers prof wasn't denied promotion based on vision disability, 3rd Cir. says
The court deferred to the employer's position that he had not "achieved the Universitywide standard of accomplishment necessary to justify promotion."
By Kate Tornone • June 30, 2020 -
Academic studies diverge on salary history bans' effects on worker pay
At least 19 states have in some way restricted an employer's ability to inquire or rely on pay history.
By Ryan Golden • June 30, 2020 -
9th Cir.: Teacher received warning because she fell asleep in class — not because of her ADA claim
Nevada's Clark County School District had legitimate, non-discriminatory reasons for taking adverse employment actions against the employee.
By Lisa Burden • June 29, 2020 -
FFCRA doesn't protect exec who requested leave before it took effect, airline argues
The company asked the court June 19 to dismiss the complaint, which claimed the employee was terminated for requesting FFCRA leave.
By Katie Clarey • June 29, 2020