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by Mark Schickman Statistics from the Equal Employment Opportunity Commission show that charges of discrimination based on religion and national origin are the fastest growing categories in the past decade. Of course, that coincides with the aftermath of 9/11 and, rational or not, American anger and suspicions over Middle Eastern Arab communities. This shift in […]
If you’ve thought about firing employees for things they post to social media websites, a recent decision by a federal jury sends a clear message that you should think again.
Richard King was a valued United Parcel Service (UPS) supervisor in Redding for more than 30 years, until he was fired for falsifying an employee’s timecard. King contended in a lawsuit that the real reason for his termination was disability bias. But now a California appeals court has dismissed King’s suit—and the case is a […]
The Equal Opportunity Employment Commission (EEOC) has issued a new section in its compliance manual on religious discrimination in the workplace. The agency concluded that the sharp rise in the number of religious discrimination charges, the growing religious diversity in the United States, and requests for guidance from stakeholders warranted the new compliance manual section. […]
Among the add-ons to the $700 billion financial rescue package that Congress recently passed was a measure that will affect many employers whose health plans offer mental health benefits. The Paul Wellstone-Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 builds on and closes employer-friendly loopholes in the limited mental health parity measure […]
We’ve gotten through the initial round of our required sexual harassment training. Whew! But I want to expand it to include other types of harassment, such as religious harassment, disability harassment, and so on. Which elements do you recommend we include, and should we incorporate this training into the sexual harassment training, or do it […]
Before each term, the U.S. Supreme Court identifies the cases it will hear in that term. While the Court has identified only three cases directly involving claims under various federal labor and employment statutes, in an additional four cases, the Court’s decisions are likely to have a significant effect on the rights and practices of […]
By Mark G. Jeffries Q: If an employee asks for time off based on her religious beliefs, can I legally question her about her religion (e.g., what her religion is and why she needs time off)? A: Yes, you may question an employee about her religious beliefs if you have an objective basis for questioning […]
The U.S. Department of Labor has announced two sizable overtime settlements with Southern California employers. VCI Telecom Inc., an Upland telecommunications company, has agreed to pay $1,074,375 to settle charges levied by the DOL for not paying overtime to 227 employees. And flooring and tile company Lambard Inc., based in Ontario, will fork over $228,156 […]
Update (April 13, 2012): The deadline for submitted comments about the proposed rule change has been extended until April 30, 2012 The U.S. Department of Labor (DOL) is proposing a rule change that would affect how employers calculate leave time under the Family and Medical Leave Act (FMLA) and how employees are to be reinstated […]