Compliance: Page 86
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Invisible disabilities top of mind for employers amid return to work
Employers have questions about accommodating employees with high-risk underlying disabilities and mental health impairments, an ADA expert said.
By Sheryl Estrada • July 23, 2020 -
Black business owners discouraged from applying for PPP loans, study says
A National Community Reinvestment Coalition study alleged violations of The Equal Credit Opportunity Act by banks in Washington, D.C.
By Sheryl Estrada • July 23, 2020 -
7th Cir. revives claim of Veterans Affairs manager who waited 11 months for accommodation
The court noted an unreasonable delay in providing an accommodation for an employee's known disability can amount to a failure to accommodate.
By Lisa Burden • July 23, 2020 -
Transport company settles claim it based layoff on attorney's pregnancy
Pregnancy discrimination cases have led to large settlement amounts in recent years, including at several high-profile corporations.
By Ryan Golden • July 22, 2020 -
New York construction company to pay $1.5M to settle 'severe' quid pro quo harassment claim
The state's attorney general alleged Trade Off LLC subjected workers — "primarily women of color" — to sexual harassment and retaliation.
By Kate Tornone • July 22, 2020 -
Minnesota sheriff's department beats promotion discrimination claim on appeal
Federal law prohibits employers from discriminating against employees on the basis of sex.
By Ryan Golden • July 21, 2020 -
CBS station settles claim it rejected older, qualified applicant for ex-NFL cheerleader
The older applicant worked as a freelance reporter for the station, which said it sought applicants with strong area knowledge and broadcasting experience.
By Lisa Burden • July 21, 2020 -
Suit alleges daily use of racial slur by manager, co-workers at NYC Pret A Manger
After complaining, the employee said she was given reduced hours and passed over for promotions.
By Lisa Burden • July 20, 2020 -
Will pandemic-driven telework set a precedent for ADA accommodations?
Facing COVID-19, employers had to abandon normalcy in many ways. The courts will likely recognize that, one source told HR Dive.
By Katie Clarey • July 20, 2020 -
EEOC's pay data report to arrive by 2022
The agency enlisted the National Academies of Sciences, Engineering, and Medicine to complete the assessment.
By Katie Clarey • July 20, 2020 -
DOL wants to know: What's the 'ideal paid leave program'?
The agency also requested employer input on potential revisions to its FMLA regulations.
By Kate Tornone • July 17, 2020 -
Lab tech's arthritis did not cause her to be laid off, 7th Cir. rules
Layoffs can create compliance minefields for HR departments.
By Katie Clarey • July 17, 2020 -
Rite Aid worker allegedly called "too old" wasn't subjected to age bias
As the EEOC says in guidance: "Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality."
By Lisa Burden • July 17, 2020 -
Why do pay gaps persist for US workers with disabilities?
Though the ADA is a "foundational" law, it isn't necessarily sufficient to tackle compensation disparities, one source told HR Dive.
By Ryan Golden • July 16, 2020 -
WeWork hit with 3 suits alleging race discrimination, sexual harassment
The allegations come from former employees, one of whom served as the company's diversity and inclusion lead.
By Lisa Burden , Katie Clarey • July 15, 2020 -
EEOC: Software company told pregnant saleswoman alleging discrimination to 'stop being so emotional'
Among other things, the commission alleged the employer stopped assigning the worker sales leads and denied her commission payments.
By Lisa Burden • July 15, 2020 -
No retaliation in firing supervisor under whom attrition doubled, 6th Cir. says
While timing can establish retaliation, employers may carry out an adverse employment action following protected activity if based on a legitimate reason.
By Lisa Burden • July 14, 2020 -
"Ryder Truck McLane Distribution Services" by MobiusDaXter is licensed under CC BY-SA 3.0
California delivery workers, Ryder propose $5M deal to settle misclassification suit
Worker classification has recently emerged as a high-profile employment law issue in the state, thanks to the recently enacted "ABC" test.
By Ryan Golden • July 14, 2020 -
EEOC ends mediation, conciliation programs piloted under Trump
The announcement is a reversal of an EEOC decision made during the final days of the Trump administration.
By Ryan Golden • Updated Jan. 28, 2021 -
Employer didn't interfere with worker's FMLA leave after his 'informal' request
Generally, an employer has five days after learning of an employee's need for FMLA to issue an eligibility determination and a notice of rights and responsibilities, DOL says.
By Lisa Burden • July 13, 2020 -
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 -
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