Employer need not ignore communication failings related to accent, court says

An employer may make a decision based on an individual's accent if it "interferes materially with job performance," according to EEOC.

By Lisa Burden • March 27, 2020

1st Cir.: Job descriptions do not dictate essential functions

The City of Somerville, Massachusetts, may have discriminated against an officer whom it forced to retire due to his monocular vision. 

By Jennifer Carsen • March 27, 2020

Explore the Trendline➔

Inside 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

Tesla reportedly maintains an 'anti-handbook.' Could it work for others?

An employment lawyer told HR Dive the company's "Anti-Handbook Handbook" may be fine, but wouldn't necessarily recommend others adopt it.

By Ryan Golden • March 27, 2020

DOL publishes coronavirus leave poster

With many employees working remotely, the agency said employers may send the notice via email.

By Kate Tornone • March 26, 2020

Supermarket's background check disclosure contained too much info, 9th Cir. says

The FCRA has specific requirements for employers requesting credit checks or criminal background reports.

By Jennifer Carsen • March 26, 2020

IRS provides updated guidance for small businesses claiming coronavirus paid leave tax credits

Eligible employers will be able to claim the credit via their quarterly federal tax returns, the agency said.

By Ryan Golden • Updated April 1, 2020

EEOC: Manufacturer violated ADA in firing worker returning from hospitalization

The commission has asked for back pay, damages and training for the company's managers and supervisors.

By Lisa Burden • March 25, 2020

Court revives coach's suit, citing need to consider the 'overall likelihood of discrimination'

A lower court mistakenly looked for one single piece of evidence to support the applicant's claim, the 7th Circuit said.

By Jennifer Carsen • March 25, 2020

Metals company settles EEOC claim it refused to hire workers over 40

The Age Discrimination in Employment Act forbids discrimination on the basis of age against employees and applicants who are 40 years old or older.

By Lisa Burden • March 24, 2020

NLRB suspends representation elections due to coronavirus

The suspension lasts through April 3, but the Board said it will monitor the situation and adjust the date as necessary.

By Jennifer Carsen • March 24, 2020

DOL to observe 30-day 'temporary non-enforcement' of coronavirus paid leave law

Employees could still sue over non-compliance despite the notice, an attorney told HR Dive.

By Ryan Golden • March 24, 2020

5 things to know about the new coronavirus paid leave law

A number of small businesses are "despondent," one source told HR Dive. But there's hope the federal government could soften the the law's impact.

By Ryan Golden • March 23, 2020

Employers can screen workers, applicants for fevers, EEOC says

Employers also may ask workers who call in sick if they are experiencing COVID-19 symptoms, the guidance said.

By Lisa Burden • March 23, 2020

SUNY official fired over performance, not sexual orientation, 2nd Cir. says

The school provided "overwhelming evidence" he was terminated after declining performance, extensive absences and insubordination, the court said.

By Lisa Burden • March 23, 2020

California relaxes notice requirements for coronavirus-related layoffs

Many states have their own so-called mini-WARN laws that provide workers with greater protections than federal law.

By Jennifer Carsen • March 23, 2020

9th Cir.: City electrician with record of insubordination failed to show bias

When HR interviewed the employee's colleagues, several "voiced concerns," including allegations that she threatened them with gun-like hand gestures.

By Jennifer Carsen • March 23, 2020

Feds OK remote I-9 document review through August

Employers with workers taking physical proximity precautions due to COVID-19 have some leeway for new hires.

By Kate Tornone • Updated March 31, 2021

Court: Manufacturer's firing of African-American worker with last-chance agreement wasn't 'fishy'

Employers generally are free to make personnel decisions as long as the moves are motivated by legitimate, non-discriminatory reasons, courts say.

By Lisa Burden • March 19, 2020

Judge invalidates federal guidances that led to 'slower' H-1B processing

The ruling is the latest in a series of challenges plaguing administration of the H-1B visa program.

By Ryan Golden • March 19, 2020

Trump signs emergency coronavirus bill expanding FMLA, granting paid leave

The bill contains two key provisions covering workers employed by private entities and individuals that employ fewer than 500 employees.

By Ryan Golden • March 18, 2020

Documentation of poor performance defeats supervisor's race bias claim

The 6th Circuit noted the employer's multiple warnings that provided "many specific examples of ... substandard performance."

By Lisa Burden • March 18, 2020

'Abrasive' car salesman can move forward with age bias claim, 6th Cir. says

According to the AARP, workplace ageism remains the "last acceptable bias in America."

By Jennifer Carsen • March 17, 2020

NJ employers may need to accommodate medical marijuana use

HR pros face challenges in the space as states increasingly adopt laws allowing such use.

By Lisa Burden • March 17, 2020

Employer can't pin overtime violations on payroll employee, 9th Cir. concludes

The court said the staffing company could not avoid liability even though the move was taken at the direction of a client.

By Jennifer Carsen • March 16, 2020

Employee who allegedly used FMLA to attend NFL game has no claim, court says

Federally protected leave and vacations aren’t mutually exclusive, experts have said, but there are limits.

By Lisa Burden • March 16, 2020