Author: Federal Employment Law Insider

USERRA Now Forbids Workplaces Hostile to the Military

by Susan M. Webman, Fortney & Scott, LLC For a number of years, the issue of whether the Uniformed Services Employment and Reemployment Rights Act (USERRA) created a claim for hostile work environment based on membership in the uniformed services, a right not definitively named in the Act, has been raised in the trial courts. […]

Controversial Gay Rights Ordinance Goes into Effect in Omaha

by Mark M. Schorr As of March 28, 2012, a new protected category has been created under the Omaha Municipal Ordinance enforced by Omaha’s Human Rights and Relations Department. Omaha residents who are lesbian, gay, bisexual, and transgender are now protected from discrimination in the same way that sex, race, national origin, age, marital status, […]

Supreme Court Set to Decide Future of Health Care Reform

The U.S. Supreme Court recently heard oral arguments regarding a challenge to the massive health care reform law, the Patient Protection and Affordable Care Act (PPACA), enacted in March 2010. The Court revealed how important it considers this case by hearing around six hours of oral arguments over the span of three days, when it […]

If Feedback Is All Positive, Results Can Be Negative

“How good am I?” is a question we all ask ourselves. We want to know how good we are at most things in our lives. We want to know how we’re doing in our relationships. Are you a good friend, spouse, or parent? We want to know how good we are at our hobbies. Are […]

Religious Time-Off Requests: Accommodation vs. Productivity and Fairness

Despite a trend toward employers embracing flexibility in the workplace as a way to improve work-life balance, most employers have expectations related to their employees’ schedules. In some workplaces, rigid schedules aren’t necessary as long as the work gets done. In others, shifts are firm and when someone needs time off, a request is made […]

Another New Leave of Absence for Canadians?

By Ralph N. Nero and Fida Hindi Canadian employees are entitled to all sorts of leaves – maternity leaves, parental leaves, sick leaves, emergency leaves, leave for the disappearance of a minor child, and the list goes on. Now Ontario may be joining Quebec by creating yet another new category of leave of absence for […]

Whoa Nellie!

Litigation Value: None, though as a practical matter, Dunder Mifflin may have to make good on all those raises Nellie promised. As tonight’s episode is a rerun, I thought I’d go back and review the March 15th episode (“Get the Girl”) that we managed to miss somehow. (For a recap of tonight’s repeat, “Mrs. California,” check out […]

EEOC Issues Rule Clarifying ‘Reasonable Factors Other Than Age’

The Equal Employment Opportunity Commission (EEOC) has issued a new rule aimed at clarifying when the “reasonable factors other than age” (RFOA) defense can be used in claims filed under the Age Discrimination in Employment Act (ADEA). The rule is to be published in the Federal Register on March 30. A statement from the EEOC […]

EEOC Guidance on Whether High-School-Diploma Requirement Violates ADA

The Equal Employment Opportunity Commission (EEOC) has published new guidance addressing whether an employer violates the Americans with Disabilities Act (ADA) by requiring a high-school diploma for a job. The guidance was issued in response to an informal discussion letter in which the agency stated that the requirement may violate the ADA if (1) it […]

Comments Sought on Proposed Changes to Form I-9

The U.S. Citizenship and Immigration Services (USCIS) is inviting public comment on proposed revisions to Form I-9, the form all U.S. employers are required to keep on employees to document that they are eligible to work in the United States. Comments will be accepted until May 29. Key revisions to the form include: Expanded Form […]