Compliance: Page 88
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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 -
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