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Addressing depression and related mental disabilities and meeting reasonable accommodation requirements is a delicate balance. Often, employees who are in this situation will have a preconceived idea of what work restrictions would benefit them as an accommodation, and they ask their healthcare providers to state those things as a work restriction when they obtain medical […]
by David Theard Louisiana’s Equal Pay for Women Act (EPWA), which applies only to public-sector employers, goes into effect August 1. The new law affirms that paying unequal wages to public employees on the basis of sex is discriminatory and violates public policy. The original bill would have covered both public- and private-sector employees, but […]
Federal employers and contractors may soon have new disability regulations to follow, two federal agencies have announced. Both the U.S. Department of Labor and the U.S. Equal Employment Opportunity Commission have said they will issue new regulations for the Rehabilitation Act of 1973, which prohibits discrimination in hiring and employment practices by the federal government […]
By Julia Kennedy With each summer comes a wave of new graduates and returning students looking for ways to gain career experience. This summer, the media spotlight has been focused on the nature of unpaid internships in the United States and Canada. They are no longer limited to the not-for-profit sector. It’s probably a good […]
Employers are accustomed to the basics regarding the Americans with Disabilities Act (ADA), but the details can get tricky especially since employers must navigate the changes brought on by the ADA Amendments Act (ADAAA), which made it easier for individuals with a range of impairments to qualify for protection under the law. Recently, the Equal […]
by Elaine Young During the month of May, the Senate Judiciary Committee marked up the comprehensive immigration reform bill that the “Gang of Eight” proposed earlier in the year. In June, we saw the House of Representatives debate over what to add or take away from the bill. Here’s a quick Q&A on how some […]
by Holly Jones Late last year, a small private university in Massachusetts entered into a detailed settlement related to accommodating food allergies on campus. The settlement was the first of its type in higher education, but could it have broader implications for employers in general? University under fire for mandatory meal plan program In 2009, […]
by Melineh Verma The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) formally rescinded the Bush-era guidance on pay discrimination in February, criticizing the 2006 “Voluntary Guidelines and Compensation Standards” as improperly limiting its ability to conduct full investigations of compensation matters. The OFCCP replaced the 2006 voluntary guidelines with Directive […]
by Kevin McCormick In a recent decision, the U.S. District Court for the District of Maryland affirmed the notion that discrimination on the basis of race and discrimination based on national origin are distinct legal claims. Moreover, because 42 USC § 1981 only prohibits discrimination based on race, a claim alleging national origin discrimination under […]
Special from Chicago—SHRM Annual Conference and Exhibition In private employment, the employer determines whether there is an expectation of privacy, says attorney Jonathan Segal, but unwary employers may create the right if they are not careful. (Government employees generally have a constitutional right to a higher level of privacy than those in the private sector.) […]