On June 20, 2016, the EEOC published the Report of its “Select Task Force on the Study of Harassment in the Workplace.” (Check out an executive summary of the Report here.) That Task Force, formed in January 2015, also impaneled a group of outside experts to examine the causes, effects, and prevention of workplace
Maria Danaher
Maria Greco Danaher regularly represents and counsels companies in employment related matters. She specializes in representing management in labor relations and employment litigation, and in training, counseling, and advising human resource departments and corporate management on these topics. Maria has first chaired trials in both federal and state courts since 1986, and regularly instructs attorneys and students in issues related to trial tactics.
What (and why) should US employers know about Brexit?
On June 23, 2016, citizens of the United Kingdom (UK) voted to exit (or “Brexit”) the European Union (EU). While far-reaching, that decision wasn’t made in a vacuum, so it makes sense to understand some background of how the EU came about:
- The precursor of the EU was established after World War II when,
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Watch for increased penalties (for failure to post required notices).
Every “employer, employment agency, labor organization, and joint labor management committee controlling an apprenticeship or other training program” covered by Title VII, the Americans with Disabilities Act (ADA), or the Genetic Information Non-Discrimination Act (GINA) must post notices describing the pertinent provisions of Title VII, ADA, or GINA. Such notices must be posted in…
Listen – do you want to know a (trade) secret . . . ?
Signed into law on May 11, 2016 by President Obama, the Defend Trade Secrets Act (DTSA) has been called the “most significant expansion” of federal intellectual property law in 70 years, and has set off a firestorm of articles on the topic. The DTSA ostensibly was created to establish a uniform national…
Should we really be this panicked about the DOL overtime regs? Probably not.
By now, everyone is aware that on May 18, 2016, the Department of Labor (DOL) issued its final rule updating the Fair Labor Standards Act (FLSA) overtime regulations. (Defining and Delimiting the Exemptions or Executive, Administrative, Professional, Outside Sales and Computer Employees.) Since then, there have been dozens of helpful articles, analyses…
Political Discussions in the Workplace: Banter or Battle?
In a year where political rhetoric has included name calling, jeers, and physical threats – and all of these coming directly from the candidates themselves – what can employers do to manage workplace discussions about political issues before those discussions become disruptive?
A nationwide survey conducted by CareerBuilder and Harris Poll ahead of…
How much “interactive process” is enough to preclude ADA liability?
To support a failure-to-accommodate claim under the Americans with Disabilities Act, a plaintiff must establish both a prima facie case of discrimination and an employer’s failure to accommodate it. But how far must an employer go to fulfill the “interactive process” requirement of the ADA in deciding upon and implementing a reasonable accommodation? A recent…
Non-employee’s racial bias may lead to liability for employer.
Most – if not all – employers are aware that both federal and state laws preclude employment discrimination based upon the race or national origin of an employee, and know that illegal activity can include both discriminatory actions and biased statements. Most employers, however, are unaware that certain of those laws also preclude discrimination by …
San Francisco on the Verge of Imposing Employer-Funded Paid Parental Leave: FAQs on the Groundbreaking Ordinance
This post is written by Charles L. Thompson, IV, a shareholder in Ogletree’s San Francisco office and originally was published on the firm’s blog. The San Francisco paid parental leave ordinance is of note as the first in the country; it also is noteworthy that the employee need only work in, not live…
4 Things to Know About the EEOC’s Updated Position Statement Procedures
By now, most employers are aware of the fact that the EEOC has announced changes related to the way that an employer’s position statement – the initial document filed by a company, outlining its defenses to a Charge of Discrimination – are being handled, and that those changes became effective on a nationwide basis on…