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National Origin Discrimination and English-Only Rules

By Troy D. Thompson In fiscal year (FY) 2009, the Equal Employment Opportunity Commission (EEOC) received 11,134 charges involving claims of national origin discrimination ― an approximate 57 percent increase since 1999. Although the EEOC has not yet disclosed its statistics for FY 2010, all indications are that these claims continue to rise. Given that […]

News Notes: Worker Can Sue Employer Who Said He’d Go To Hell

Del Erdmann said he quit his job as assistant director of nursing at Miguel Villa after owner/supervisor Velda Pierce repeatedly told him he would go to hell if he didn’t become a heterosexual and join the Mormon Church. Now a federal court in San Francisco has given Erdmann the green light to sue Miguel Villa […]

Timing of Backaches Justifies Firing, Negates FLMA and ADA Claims

Some people complain about “rheumatism,” backaches and other physical ills when the weather shifts. For a Southwest Airlines employee, his backaches — and resulting requests for Family and Medical Act (FMLA) leave — seemed to follow the same shift as holidays and vacation time. Southwest determined that this was not the whim of nature but […]

An Invitation to Share Your E-Pinion With a Few (About 135,000, Actually) of Your Colleagues

How many times have you had strong feelings about something in HR that you wanted to let the profession know about? Well, here’s your chance to do it. If you’re a steady reader of this column, you know it’s usually written by BLR’s founder and publisher Bob Brady. Bob’s “e-pinions” have crisscrossed the wide world […]

FTC, HHS Propose Rules, Seek Comments on Electronic Health Records

Does your organization offer or plan to offer employees online or electronic personal health records (PHRs)? Can employees enter their personal health information into online programs that help them evaluate and improve their health, such as weight loss applications? If you’ve answered yes or if your organization provides electronic PHR programs to others, you should […]

Time to Terminate At-Will Disclaimers? No! Says Expert

In today’s we-want-to-be-the-employer-of-choice world, isn’t it counterintuitive to be telling each new employee, “We can fire you for any reason or no reason”? In the face of the numerous exceptions to employment-at-will status (see yesterday’s Advisor), why would any company bother with at-will statements? Even though it may seem wrong from a morale standpoint, and […]

Resources help employers bring veterans to workplace

by Tammy Binford It’ll soon be July 4th, a day many employers mark by declaring a holiday so employees can have time for patriotic celebrations. But many of those people so fervently celebrated – the nation’s veterans – would be happier to be earning a paycheck than to be feted with a parade. Recent statistics […]

High Court Advances Same-sex Marriage and Impacts Employers

As a result of the U.S. Supreme Court rulings on same-sex marriage, employers throughout the United States will have to adjust their benefits plans, policies and documents to accommodate employees’ same-sex spouses for purposes of federal law and regulations. California employers will need to do the same for purposes of state law. On June 26, […]

New regulations delay ACA’s ‘play or pay’ provision for some employers

In yet another unexpected turn in the implementation of the Affordable Care Act (ACA), the Obama administration announced Monday that it is delaying the application of the law’s employer responsibility provision (also commonly referred to as the “play or pay” provision) for some small employers until 2016. The administration let the public know about the […]