by Rozlyn Fulgoni-Britton With the passage of the Affordable Care Act (ACA), federal law required employers with more than 50 employees to provide breastfeeding employees a private location, other than a toilet stall, where they can express breastmilk in privacya. And, of course, the Pregnancy Discrimination Act (PDA) has prohibited discrimination “on the basis of […]
A recent opinion from the U.S. 10th Circuit Court of Appeals—which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming—involving Tulsa, Oklahoma’s American Airlines facility is a reminder of the kind of evidence required to establish retaliation.
by Mark I. Schickman In all of the attention recently given to Harvey Weinstein and his ilk, the focus has been on personalities and far too little of it on the systemic problem of ubiquitous sexual harassment. The discussion has been centered on punishment, with far too little said about the cure. Weinstein himself presents […]
by Charlie Plumb The courts, the U.S. Department of Justice (DOJ), and the Equal Employment Opportunity Commission (EEOC) hold differing views on whether Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation or sexual identity. Nevertheless, on November 20, an Oklahoma City federal court jury awarded a transgender […]
There’s no shortage of reminders these days that harassment is still a major issue for employers. And it’s particularly challenging, as we’ve seen all too often lately in the news, when an executive is a harasser or a company culture implicitly condones or perpetuates sexual harassment or a hostile work environment. So, what can HR […]
With almost daily allegations of sexual harassment, discrimination, and misconduct hitting the news, many are reconsidering their own methods of handling such complaints and allegations.
Complaints of sexual harassment and sexual misconduct have dominated the news recently with allegations ranging from sexual threats, to groping, to sexual assault. While the allegations have made the news because they involve people in the entertainment industry and politics, it’s readily apparent from the thousands of stories shared using #MeToo that sexual violence and […]
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 […]
Everywhere employers turn, there’s another retaliation claim being made against them under Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), or another state or federal statute. Here’s yet another one.
Only an employer can violate the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA). But the statute’s nonretaliation provisions are broader and may sweep in “any person” who retaliates against an individual based on conduct protected by the FLSA.