Compliance: Page 98


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    ADA doesn't entitle workers to preferred accommodations, 3rd Cir. says

    The plaintiff had requested permission to work from home two days per week; the employer provided other accommodations instead.

    By Lisa Burden • May 12, 2020
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    Court dismisses US women's soccer team's equal pay suit

    The players' discriminatory working condition claim will be allowed to continue, however.

    By May 11, 2020
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    Retrieved from Amazon on September 17, 2019
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    Amazon to pay $11M to settle security search pay claim

    The suit alleged violation of California law, which generally provides stronger protection for workers than federal wage and hour law.

    By Lisa Burden • May 11, 2020
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    Adobe Stock
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    As states loosen telehealth regulations, employers spot 'a game changer'

    Regulatory and behavioral changes could make it difficult to return to healthcare's pre-pandemic status quo, sources told HR Dive.

    By May 7, 2020
  • The headquarters of the U.S. Equal Employment Opportunity Commission in Washington, D.C.
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    Ryan Golden/HR Dive
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    EEOC delays EEO data collections due to COVID-19

    The change will allow filers to be "better positioned to provide accurate, valid and reliable data in a timely manner," the agency said in a press release.

    By May 7, 2020
  • Kroger storefront
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    Courtesy of Kroger
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    Kroger worker alleges termination for COVID-19 absence violated FMLA, FFCRA

    Despite employing more than 500 workers, the plaintiff alleged Kroger rendered itself subject to the FFCRA when it expanded its leave policies.

    By Lisa Burden • May 6, 2020
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    DoorDash
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    DoorDash partners with Pennsylvania AG to extend financial, childcare benefits

    Expanded benefits include financial assistance for Dashers who have tested positive for COVID-19 and for top Dashers who have primary childcare responsibilities for children whose schools and day cares have closed.

    By Alicia Kelso • May 6, 2020
  • Worker sues after being fired for refusing to violate shelter-in-place order

    Experts say employers can expect a wide variety of claims in the coming months and years as a result of the pandemic.

    By May 6, 2020
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    "Coronavírus - COVID-19" by Senado Federal is licensed under CC BY 2.0
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    More than half of US workers worry about COVID-19 exposure on the job

    The reopening of workplaces has proven politically contentious in the U.S. even as some states have begun to do so.

    By May 6, 2020
  • Leaving work sick is not protected activity under Title VII, 7th Cir. rules

    The employee only alleged retaliation, however, declining to pursue a discrimination claim in her pro se complaint, the court noted.

    By May 6, 2020
  • Appeals court revives pregnant EMT's failure-to-accommodate claim

    The PDA requires that employers treat pregnant applicants and employees the same as non-pregnant individuals.

    By Lisa Burden • May 5, 2020
  • Sunday morning shoppers at Costco in Toronto sported medical masks. Doctors have repeatedly warned that the masks do little to prevent the spread of corona virus. Taken on March 15, 2020.
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    "Masked" by michael_swan is licensed under CC BY-ND 2.0
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    5 compliance tips for reopening the workplace

    The recall of employees could present a series of legal pitfalls for the unprepared, attorneys with Cozen O'Connor said.

    By May 4, 2020
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    Cole Rosengren
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    Courts can't rule on claims raised outside of EEOC charge, 11th Cir. says

    A Waste Management worker alleged he endured retaliation due to his sex, but his filing with the EEOC "simply said nothing about sex discrimination."

    By May 4, 2020
  • Transmission electron micrograph of SARS-CoV-2 virus particles, isolated from a patient.
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    National Institute of Allergy and Infectious Disease. (2020). "Novel Coronavirus SARS-CoV-2" [Image]. Retrieved from Flickr.
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    The pandemic reshaped work, but anti-discrimination laws remain

    Federal agencies have stressed the importance of EEO laws to employers as the situation surrounding the novel coronavirus has evolved.

    May 4, 2020
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    11th Cir. affirms $300K jury award to assistant claiming demotion stemmed from national origin bias

    One month after an election rendered the city commission mostly Jamaican, the plaintiff allegedly was told the employer needed someone who could "communicate better" with the new commissioners and mayor.

    By Lisa Burden • May 4, 2020
  • Whataburger to settle allegations manager was told to hire only white applicants

    Employers cannot rely on customer or client preferences that are discriminatory as the basis for negative employment actions, the EEOC has said.

    By Lisa Burden • May 1, 2020
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    "Supreme Court" by Matt Wade is licensed under CC BY-SA 3.0
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    Supreme Court won't define ADA's discrimination standard

    Courts have retreated from the motivating factor standard of causation in ADA cases, the 9th Circuit noted.

    By Jennifer Carsen • May 1, 2020
  • The headquarters of the U.S. Equal Employment Opportunity Commission in Washington, D.C.
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    Ryan Golden/HR Dive
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    Baltimore County to pay $5.4M to settle long-standing EEOC suit over age bias in pensions

    The ADEA bars discrimination against workers over 40 on the basis of age — a prohibition that includes employee benefits, EEOC says.

    By Lisa Burden • April 30, 2020
  • New York City skyline.
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    Photo by Mike C. Valdivia on Unsplash. (N/A). "Mike C. Valdivia New York skyline photo" [Photograph]. Retrieved from https://unsplash.com/photos/kZokA2VTKn4.
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    New York City forms team to fight pandemic-related bias, harassment

    The city's Commission on Human Rights said it received 248 reports since February, 40% of which alleged anti-Asian harassment or discrimination.

    By Lisa Burden • April 29, 2020
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    Brian Tucker / Industry Dive with assets from PeterSnow via Getty Images
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    Mailbag: Can we require an employee to pass a COVID-19 test before returning to work?

    In HR Dive's Mailbag series, we answer HR professionals' questions about all things work. Today: mandatory COVID-19 tests.

    By April 28, 2020
  • 3rd Cir.: Project manager asked for sick days, not FMLA leave

    Nothing suggested that the plaintiff or any of her supervisors understood that she was on leave for an FMLA-qualifying reason, the court said.

    By Lisa Burden • April 28, 2020
  • A workplace poster published by the U.S. Equal Employment Opportunity Commission is displayed featuring the EEOC logo.
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    Kate Tornone/HR Dive
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    EEOC greenlights COVID-19 testing at work

    According to guidance updated April 23, a mandatory COVID-19 test may be administered if it is "job related and consistent with business necessity."

    By Jennifer Carsen • April 27, 2020
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    ADA didn't require employer to excuse name-calling, 1st Cir. says

    A proposal that follows fireable misconduct generally shouldn't be viewed as an accommodation request, the appeals court said.

    By Jennifer Carsen • April 27, 2020
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    EIR Healthcare
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    Salary, duties exempted organ procurement coordinator from overtime

    The court noted that the plaintiff "engaged in literal procurement" — one of the duties a worker must perform to meet the administrative exemption.

    By Lisa Burden • April 27, 2020
  • Former workers sue Hooters alleging it failed to give proper notice of mass layoff

    The plaintiffs alleged the company violated the Worker Adjustment and Retraining Notification Act when it laid off hundreds.

    By Lisa Burden • April 24, 2020