Tag: Employment law

age discrimination

Was CEO’s ‘New Face’ Comment a Mask for Age Discrimination?

“Peter,” a senior information technology (IT) director of a retail order fulfillment company, was terminated when his position was eliminated in an IT department restructuring. Was the CEO’s statement that the company wanted a “new face” enough for Peter to establish direct evidence of age discrimination?

High profile or not, sexual harassment claims require employer action

Sexual harassment—the subject has exploded in recent weeks as people from all walks have spoken up about a menacing workplace problem. Even though antiharassment efforts are a priority in human resources circles, recent revelations about the actions of some high-profile executives are likely to cause employers to ask the question, “Are we doing enough?”  And […]

payroll

Take this off your fall ‘to do’ list: EEO-1 delayed in part and suspended in part

by Brian Bouchard As you may have heard, we recently received some good news regarding the EEO-1 pay data collection that would have gone into effect in March 2018.  On August 29, acting chair of the Equal Employment Opportunity Commission (EEOC) Victoria Lipnic issued a statement indicating that the Office of Information and Regulatory Affairs […]

Methinks thou doth protest too much! FYI, only ‘reasonable’ opposition is protected

It seems that every day the news is full of stories about employees (whether they are NFL players or Hollywood starlets) protesting unfair treatment. Usually, when an employee complains about discrimination, harassment, equal pay, or other work-related topics, he or she is protected from discipline or termination because the conduct is considered “protected activity” under […]

farm

New Mexico Onion Farm Pays Fines for Favoring Foreign Hires

Making good on promises from earlier this year, the U.S. Department of Justice (DOJ) has begun cracking down on what it calls discrimination against U.S. workers who are being passed over in favor of temporary foreign workers. The DOJ recently announced a settlement with Carrillo Farm Labor, LLC, a New Mexico onion farm.

Once bitten twice shy: Greater scrutiny ahead for employees misclassified as contractors

by Jackie VanDerMeulen Organizations’ use of independent contractors (often also referred to as consultants) as opposed to actual employees has grown significantly over the years. This trend comes as no surprise in a changing economy where particular skill sets are required at specific times and where flexibility is a key driver of success. In some […]

Whistleblower

Blowing a Whistle but Making No Sound: Nurse Didn’t Report Illegal Acts

Sometimes an employee who is released from service for good cause complains that the real reason for the employer’s decision is retaliation for her attempt to protect the public. “I’m a whistleblower!” the disgruntled former employee proclaims. “Look at all the terrible misconduct the employer was trying to cover up!”

fired

Cheese Whizzes Who Made a Run for the Food Biz Awarded Unemployment

Employees of a cheese manufacturer decided to break into the food safety business while they were still employed by the company. The employer suspected cheese sabotage when it discovered its food safety and cheese-making manuals in the employees’ workspace and terminated their employment.