Discrimination & Harassment

Navigating the New EEOC Enforcement Guidelines: What Employers Need to Know

Discrimination & Harassment, Employment Law & HR Topics, Equal Employment Opportunity (EEOC) / By

In the ever-evolving landscape of employment law, staying compliant with regulations and guidelines is paramount for businesses. Recently, the Equal Employment Opportunity Commission (EEOC) released updated guidelines on harassment enforcement, marking a significant development for employers across the country. Here’s a breakdown of what these new guidelines entail and how they may impact your organization. …

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HR Form of the Week: Discrimination Harassment Complaint Form

Discrimination & Harassment, Employee Management, Employment Law & HR Topics, Forms and Policies / By

Each week, we will feature a different document from our forms library and provide information about where to find it, what it’s used for, and any necessary instructions. With this program, you’ll always be one step ahead of the game when it comes to finding the forms you need. For clients with access to the …

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Monthly Compliance Calendar Alert – Keep Your Company Compliant in March: EEO-1 Reporting, CA Pay Data Reporting and Harassment Training

California, Discrimination & Harassment, Employment Law & HR Topics, Equal Employment Opportunity (EEOC), Federal Updates, State & Federal Employment Law Updates / By

If you are in HR, you’re no stranger to compliance management, forms, and deadlines—though keeping them all in order may be a different story. We want to be sure you are equipped with the right information to keep everything on track throughout the year, from ACA to FLSA. That is why we put together the …

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NLRB Modifies Standard for Addressing Offensive Outbursts in the Course of Protected Activity

Discrimination & Harassment, Employee Management, Federal Updates, State & Federal Employment Law Updates / By

[et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.4.5″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”]Washington D.C. – In a decision issued in General Motors LLC, 14-CA-197985 369 NLRB No. 127 (2020), the National Labor Relations Board modified the standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements—including …

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URGENT CA: California Law Bans Hair Discrimination

California, Discrimination & Harassment, Employee Management, Employment Law & HR Topics, Hiring, Labor Law Posters / By

California has become the first state in the nation to prohibit discrimination based on natural hair or hairstyles. The bill expands the definition of “race” under state anti-discrimination law to include traits historically associated with race, including hair texture and protective hairstyles. On July 3, Gov. Gavin Newsom signed the CROWN Act – which stands …

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CA LAWlert: New California Employment Laws Will Require Significant Changes in 2019

California, Discrimination & Harassment, Employee Management, Employment Law & HR Topics, Federal Updates, State & Federal Employment Law Updates, Wage & Hour / By

California Governor Jerry Brown recently signed into law several bills that will have significant impact on employers’ workplace obligations. Effective January 1, 2019, the new laws will restrict nondisclosure agreements and certain settlement agreements covering harassment and discrimination claims, significantly expand harassment training obligations (including for employers of under 50), require female quotas on California-headquartered …

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CA UPDATE: California Governor Jerry Brown Signs Law Updating Sexual Harassment Training Requirements

California, Discrimination & Harassment, Employment Law & HR Topics / By

On the heels of New York State’s first deadline for new anti-harassment laws, California Governor Jerry Brown signed Senate Bill 1343 into law on September 30, 2018. SB 1343 amends certain sections of the California Fair Employment and Housing Act so that employers must provide harassment prevention training to all employees. Previously, California employers of …

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URGENT NY UPDATE: New York State and NYC Implements Sexual Harassment Laws

Discrimination & Harassment, Employment Law & HR Topics, New York / By

New York State and New York City have passed sweeping laws aimed at preventing sexual harassment in the workplace and limiting the use of mandatory arbitration and non-disclosure provisions in resolving sexual harassment claims. These new protections, which are now law in New York State and New York City, will require New York employers to revise …

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Urgent Guardian HR Alert: New U.S. Supreme Court Rulings

Discrimination & Harassment, Employee Benefits, Employment Law & HR Topics, Federal Updates, Forms and Policies, Leaves of Absence, State & Federal Employment Law Updates / By

The United States Supreme Court has issued a landmark ruling in the case of United States v. Windsor, No. 12-307 (June 26, 2013), and an additional important decision in the matter of Hollingsworth, et al. v. Perry, No. 12-144 (June 26, 2013). THE DECISIONS In Windsor, the United States Supreme Court ruled the Defense of Marriage Act of …

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California Employer LAWlert: Action Required – New Anti-Discrimination and Harassment Policy Requirements Start April 1

California, Discrimination & Harassment, Employment Law & HR Topics, Forms and Policies, State & Federal Employment Law Updates / By

New regulations under the California Fair Employment and Housing Act (FEHA), which  prohibit discrimination and harassment in the workplace based on race and gender, among other protected categories, will go into effect on April 1, 2016. Among other things, the new regulations add the following provisions to FEHA: A requirement that businesses with five (5) …

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Employers Can Be Liable For Discrimination Against Temporary Workers

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Generally, discrimination statutes require that a worker filing a discrimination lawsuit be an employee of the company being sued. However, a recent decision from the U.S. 3rd Circuit Court of Appeals (whose rulings apply to New Jersey employers) extended the reach of the potential “employment relationship” to include temporary workers who are employed by a …

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Safety First: How to Keep the Workplace and Your Employees Safe

Discrimination & Harassment, Employee Management, Employment Law & HR Topics, Hiring, Safety, Termination / By

If you have any exposure to the daily news or, in some places, just look out your window, you can find more than ample proof that the world is a scary place. Life can be dangerous and difficult, and everyone is constantly looking for ways to minimize their risk. Recent Shooting Sparks Concern Sometimes our …

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Excellent Example of How NOT to Handle ADA Matters

Discrimination & Harassment, Employee Benefits, Employment Law & HR Topics, Termination / By

An alcoholic employee disclosed his dependency issues to his employer. After completing treatment, the employee was terminated. Add suspected associational discrimination to the mix, and the employer finds itself in hot water over alleged Americans with Disabilities Act (ADA) violations. Employer Pins Rate Hike on Employee’s Daughter In February 1982, Damon Adams began working at …

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Individualized Assessments Are a Must Under ADA

Discrimination & Harassment, Employment Law & HR Topics / By

A recently decided case involving the reassignment of a legally deaf forklift operator serves as a good reminder to all employers of the importance of not making assumptions and of conducting a thorough individualized assessment of a disabled person’s ability or inability to perform a specific type of job. Facts Nicholas Siewertsen is a deaf …

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7th Circuit Issues Guidance to Employers Facing ADA “Regarded As” Claims

Discrimination & Harassment, Employment Law & HR Topics, Termination / By

A recent case decided by the U.S. 7th Circuit Court of Appeals provides helpful guidance for addressing “regarded as” disabled claims brought under the Americans with Disabilities Act (ADA). In defending its adverse actions against the employee, the employer rejected his claim that it regarded him as disabled because his impairment was both “transitory” and …

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Several EEOC Actions Should Be a Warning to Employers

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The Equal Employment Opportunity Commission (EEOC) is an agency of the federal government, created by the Civil Rights Act of 1964 (Title VII). The purpose of the EEOC is to interpret and enforce federal laws prohibiting discrimination. To achieve these goals, the EEOC holds hearings, administers equal employment opportunity laws for employees of the federal …

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California Employer LAWlert: Governor Signs More New Employment Bills into Law

California, Discrimination & Harassment, Employment Law & HR Topics, Leaves of Absence, State & Federal Employment Law Updates, Wage & Hour / By

Governor Edmund G. Brown recently signed several new employment bills into law for California Employers.  PAGA amended California’s Private Attorney General Act (PAGA) authorizes an employee to file a civil action to recover specified civil penalties that otherwise would be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee …

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California Employer LAWlert: Equal Pay Act Is Law

California, Discrimination & Harassment, Employment Law & HR Topics, State & Federal Employment Law Updates, Wage & Hour / By

Female workers in California will get new tools to challenge gender-based wage gaps under legislation signed into law Tuesday that supporters say offers the strongest equal-pay protection in the nation. Democratic Gov. Jerry Brown signed the measure while surrounded by women and girls at an event at Rosie the Riveter National Historical Park in Richmond, …

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OSHA issues guidelines to ensure restroom access for transgender workers

Discrimination & Harassment, Employment Law & HR Topics / By

There’s been an increased focus on providing special benefits to transgender individuals in the workplace. Consistent with that trend, on June 1, the Occupational Safety and Health Administration (OSHA) released “A Guide to Restroom Access for Transgender Workers.” Filed as “best practices,” the guide is not an OSHA standard or regulation but rather recommendations the …

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California Employer LAWlert: New Law Requires Anti-Bullying Training in the Workplace

California, Discrimination & Harassment, Employment Law & HR Topics, State & Federal Employment Law Updates / By

Current California law requires employers with 50 or more employees to provide two hours of sexual harassment training and education to all supervisors and managers every 2 years and for newly hired or promoted employees, within six months of the employee’s assumption of a supervisory role. Specifically, the training must include information and practical guidance …

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Four Things to Expect During an EEOC On-Site Visit

Discrimination & Harassment, Employment Law & HR Topics / By

By Mitchell Quick “Guests, like fish, begin to smell after three days old.” – Benjamin Franklin You know the drill. An employee or ex-employee files a discrimination charge against your company with the Equal Employment Opportunity Commission (“EEOC”). You file a position statement denying the allegations and then wait. You hear nothing and hope that …

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Was the Firing of a Warehouse Worker Really Because He Stole Candy (Pretext) or Did the Company Want to Shed an Older Employee?

Discrimination & Harassment, Employment Law & HR Topics, Forms and Policies, Termination / By

Tomas Alarcon, 59, alleged that Professional Plastics Inc., fired him because of his age and tried to cover it up by claiming that the basis for his termination was stolen candy. Alarcon worked for nine years in the shipping department and admitted that he took a small box of candy from a communal table where …

Was the Firing of a Warehouse Worker Really Because He Stole Candy (Pretext) or Did the Company Want to Shed an Older Employee? Read More »

California Employer LAWlert: FAILURE TO RETURN FROM A LEAVE OF ABSENCE- Don’t Be Quick to Terminate

California, Discrimination & Harassment, Employment Law & HR Topics, Leaves of Absence, State & Federal Employment Law Updates, Termination / By

Although the following case involves a California employer and California’s version of the ADA, this Alert is relevant to companies nationwide who are subject to the ADA and state equivalents. In Sanchez v. Swissport Inc., employee Sanchez, alleged that she was discriminated against in violation of California’s Fair Employment and Housing Act (FEHA).  FEHA is …

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Employee Complaints Need to Be Taken Seriously

Discrimination & Harassment, Employment Law & HR Topics, Forms and Policies, Termination / By

The current case of Butler v. FedEx Corp., involves an employee, Lynette Butler who worked for FedEx Trade Networks Transportation & Brokerage Inc. for 17 years until she was fired on November 2012. In 2010 Butler was assigned the position of transportation supervisor, where she approved driver timecards and monitored costs. In the course and …

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CA UPDATE: A Dress Code Can Result In Major Legal Claims

Discrimination & Harassment, Employment Law & HR Topics, Forms and Policies / By

WASHINGTON (Sept 2013) — a federal judge in California ruled last   week that clothing retailer Abercrombie & Fitch Co. discriminated against a Muslim employee on religious grounds, the U.S. Equal Employment Opportunity Commission said Monday. The lawsuit was filed by the EEOC in 2011 on behalf of Umme-Hani Khan, a Muslim who was fired in February 2010 …

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Racial Bias Claim Results In One of The Largest Settlements of Its Kind

Discrimination & Harassment, Employee Management, Employment Law & HR Topics / By

REUTERS (By Amanda Becker 8-28-13) – Merrill Lynch has agreed to pay $160 million to settle a class-action race discrimination lawsuit brought by a longtime U.S. employee. More than 1,200 current and former Merrill Lynch employees could be eligible to take part in the settlement, one of the largest sums obtained from an employer in …

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CA UPDATE: The 2 Critical Questions From San Diego’s Sexual Harassment Scandal

California, Discrimination & Harassment, Employee Management, Employment Law & HR Topics / By

By Ashley Kaplan As the number of women accusing San Diego Mayor Bob Filner of sexual harassment reaches the double digits, public interest surrounding the case is at an all-time high, as well. In the wake of the accusations – and despite intense pressure to resign – Filner refuses to step down. Instead, Filner is …

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CA Urgent: New U.S. Supreme Court Rulings Impact on Employer Policies

Discrimination & Harassment, Employment Law & HR Topics, Forms and Policies / By

The United States Supreme Court has issued a landmark ruling in the case of United States v. Windsor, No. 12-307 (June 26, 2013), and an additional important decision in the matter of Hollingsworth, et al. v. Perry, No. 12-144 (June 26, 2013). THE DECISIONS In Windsor, the United States Supreme Court ruled the Defense of Marriage Act …

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CA UPDATE: Special 2013 Legal Update Alert

California, Discrimination & Harassment, Employment Law & HR Topics, Forms and Policies, Wage & Hour / By

SPECIAL 2013 LEGAL UPDATE ALERT As part of Holman HR’s continuing efforts to keep you, our client apprised of new legislation, below is a comprehensive list and summary of all new employment laws for 2013 affecting California employers. For our clients who do not operate facilities within California we will also update you as to …

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US Supreme Court Ruling Increases Likelihood for Discrimination Claims Against Employers

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The U. S. Supreme Court has unanimously ruled that an employer can be held liable for employment discrimination based upon the discriminatory intent of a supervisor who influenced but did not make the ultimate employment decision.  Staub v. Proctor Hospital, No. 09-400 (March 1, 2011).