The federal Occupational Safety and Health Administration (OSHA) has written an enforcement directive for purposes of investigating and dealing with incidents of workplace violence. The directive, issued on September 8, 2011, will be used by OSHA’s district supervisors and area directors in determining whether or not to conduct an investigation into allegations of workplace violence
Hold onto that “Employee Rights Notice” – the NLRB has postponed the posting deadline.
On August 25, 2011, the National Labor Relations Board (NLRB) announced its final rule related to the Notification of Employee Rights under the National Labor Relations Act (NLRA). Under the rule, private-sector employers whose workplaces fall under NLRA jurisdiction will be required to post a notice of employee rights under that Act. The final rule
Inconsistent treatment of older worker may lead to legal liability.
On September 26, 2011, the 9th U.S. Circuit Court of Appeals overturned summary judgment allowing a 59 year old employee’s claim of age discrimination to go to a jury, based largely on evidence that younger employees – even those over 40 years old – had been disciplined differently than she was. Christine Earl v. Nielsen
Sexual innuendos and demeaning comments cost employer $1.6 Million.
In gender discrimination cases under Title VII, a jury can award back pay and front pay, but also can award compensatory damages if it believes that an employee was harmed emotionally or psychologically by the alleged harassment or hostile work environment. The 1st U.S. Circuit Court of Appeals recently affirmed a $1.6 Million damages
Employee must meet legitimate job expectations in order to support a claim under the ADA.
The Americans with Disabilities Act prohibits employers from discriminating against individuals because of disability or perceived disability. However, in order to sufficiently support an ADA claim, an individual employee must be able to prove that he was qualified to perform his job in a satisfactory manner, with or without accommodation. Recently, the 7th U.S. Circuit
NLRB rule requires employers to post notice regarding employee rights to unionize.
On August 25, 2011, the National Labor Relations Board (NLRB) issued a press release in which it announced its final rule related to the Notification of Employee Rights under the National Labor Relations Act (NLRA). Private-sector employers (including labor organizations) whose workplaces fall under the jurisdiction of the NLRA will be required to post a
Fair Employment Opportunity Act would prohibit hiring discrimination against unemployed job seekers.
‘Fair Employment Opportunity Act’ unemployment ‘National Employment Law Project’
Continue Reading Fair Employment Opportunity Act would prohibit hiring discrimination against unemployed job seekers.
Not all work-related Facebook comments are protected by the NLRA.
‘NLRB’ ‘Chamber of Commerce’ ‘social media’ ‘Facebook’ ‘Facebook postings’
Continue Reading Not all work-related Facebook comments are protected by the NLRA.
Performance Improvement Plan (PIP) is not an “adverse employment action” for purposes of federal anti-discrimination laws.
In order to support a claim of employment discrimination, an individual typically must show that an “adverse employment action” was taken, and that such action was based upon a protected characteristic. To constitute an adverse employment action for purposes for federal anti-discrimination laws, such action must create a significant change in an employee’s status,
GINA prohibits financial incentives as inducement to provide genetic information as part of employee wellness program.
The Genetic Information Nondiscrimination Act (GINA) generally prohibits employers from requesting, requiring, or purchasing genetic information. However, the Act sets forth specific exceptions to that prohibition, one of which allows an employer to acquire genetic information about an employee or that employee’s family members when the employer offers a wellness program to employees on a