Compliance: Page 94
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SCOTUS won't decide whether EEOC can investigate after right-to-sue notice
The ruling has additional relevance thanks to EEOC's decision to suspend right-to-sue letters amid the COVID-19 pandemic.
By Ryan Golden • April 13, 2020 -
5th Cir. revives claim alleging 'near daily' racial slurs created hostile work environment
The plaintiff, an African-American sheet metal worker, said a co-worker threw his tools out of a moving vehicle and threatened to throw him off a roof.
By Lisa Burden • April 13, 2020 -
Rawf8/Getty Images Plus via Getty Images
11th Cir.: Employee mocked for accent can move forward with claim despite 'inconsistencies'
As the court in this case noted, national origin bias or harassment can occur even if the perpetrator does not know the victim's ethnicity or nationality.
By Jennifer Carsen • April 9, 2020 -
Supervisor's actions fell short of 'extreme' hostile work standard, 9th Cir. says
His remarks about the worker's epilepsy, though derogatory, were isolated incidents, the court noted.
By Lisa Burden • April 9, 2020 -
Poor performance, not retaliation, led to waiter's firing days after complaint
An employer can take an unrelated adverse action against a worker who has engaged in protected activity, sources say, but it should have evidence of the legitimate reason.
By Lisa Burden • April 9, 2020 -
Male doctor paid more due to experience, specialty, not sex, 11th Cir. says
Employers are generally free to make personnel decisions as they see fit, so long as they are motivated by non-discriminatory, legitimate reasons.
By Jennifer Carsen • April 8, 2020 -
Users report glitches, mistaken denials in new H-1B registration system
USCIS has attempted to overhaul the H-1B application process to make it easier for employers, one source told HR Dive.
By Ryan Golden • April 8, 2020 -
8-month-long sexual harassment investigation was 'sufficiently expeditious,' 2nd Cir. finds
A prison employee alleged the employer failed to take appropriate steps to stop a co-worker who she claimed circulated intimate photos of her.
By Lisa Burden • April 7, 2020 -
Daphne Howland/HR Dive
States, cities ask workers to report employer COVID-19 shutdown violations
New York, Oregon and Kansas City, Missouri, have asked for workers' help to identify non-compliant businesses.
By Jennifer Carsen • April 7, 2020 -
Rawf8/Getty Images Plus via Getty Images
HR pro allegedly released weeks before retirement vested gets age claim revived
The employee provided evidence that another applicant was pre-selected for the position he sought.
By Lisa Burden • April 6, 2020 -
Rawf8/Getty Images Plus via Getty Images
2nd Cir.: Worker may have faced bias, but not from those involved in her firing
The incidents may have caused her "understandable frustration and disappointment," but the termination was not motivated by bias, the court said.
By Jennifer Carsen • April 6, 2020 -
Dems slam DOL's coronavirus leave law guidance
The agency interpreted the FFCRA in ways that may be more or less narrow than the statute's text, a source told HR Dive.
By Ryan Golden • Updated April 6, 2020 -
An area for caution: Asking about personal travel
As employers worry about workers' exposure to the new coronavirus, they must mind anti-bias laws.
By Katie Clarey • April 3, 2020 -
"20-0081-032 (200319-N-LH674-1024)". Retrieved from Navy Medicine.
Workers' coronavirus-related complaints confound employers
Most didn't fall within the usual framework of disability discrimination, retaliation and safety, the results noted.
By Jennifer Carsen • April 3, 2020 -
Transfer wasn't retaliation for ADA accommodation request, 9th Cir. says
The five to six months between the request and the transfer wasn’t an interval that could establish causation, the court said.
By Lisa Burden • April 3, 2020 -
5th Cir. upholds jury verdict awarding Texas police lieutenants overtime
Misclassification of employees under the FLSA is a common issue and can lead to costly litigation.
By Lisa Burden • April 2, 2020 -
Dollar General manager's 'isolated comments' didn't show disability discrimination, 7th Cir. says
Employers often can defeat discrimination claims by demonstrating a legitimate, non-discriminatory reason for an adverse decision.
By Lisa Burden • April 2, 2020 -
DOL publishes rule implementing coronavirus leave law
The agency made technical corrections to its regulations April 10.
By Ryan Golden , Kate Tornone • Updated April 2, 2020 -
DOL outlines rules for bonuses, benefits in overtime calculations
The clarifications came in the form of three opinion letters regarding the new regular rate regulations.
By Jennifer Carsen • April 1, 2020 -
Kate Tornone/HR Dive
EEOC emphasizes anti-discrimination laws in COVID-19 response webinar
A global pandemic may have caused the transformation of federal leave laws, but the country's discrimination laws are very much intact, speakers said.
By Jennifer Carsen • March 31, 2020 -
9th Cir.: Employees failed to show background check info was confusing
A dissenting judge, however, said that when a job applicant is unaware he or she is authorizing a consumer report, the employer may violate FCRA.
By Lisa Burden • March 31, 2020 -
DOL outlines small-business exemption from coronavirus paid leave law
Businesses with fewer than 50 employees are exempt from two aspects of the FFCRA, the agency said.
By Ryan Golden • March 30, 2020 -
What HR needs to know about the coronavirus paid leave law
In less than two weeks, U.S. small businesses have experienced a drastic change in the compliance landscape.
By Ryan Golden • March 30, 2020 -
Ryan Golden/HR Dive
EEOC urges employers to mind bias against Asian Americans during pandemic
There have been reports of "mistreatment and harassment," the agency's chair said in a statement.
By Lisa Burden • March 30, 2020 -
Postmates couriers are employees, New York appeals court finds
Laws generally are evolving to make it more difficult for companies to establish gig worker status — a change many businesses are fighting.
By Jennifer Carsen • March 30, 2020
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