Author: HR Daily Advisor Staff

Temps And Contingent Workers: Fallout From Microsoft Ruling Continues-New Lawsuits And Legislation May Force Employers To Pay Benefits

When a federal appeals court ruled recently that software giant Microsoft Corp. will have to pay retroactive employee benefits, including stock options, to temporary employees hired through staffing agencies, it sent a shudder through the growing number of employers who use temps in addition to regular workers. Since the court’s ruling, employees and lawmakers have […]

Responding To Harassment: United Airlines Ordered To Pay $3 Million To Muslim Employee

Although most employers are well aware that sexual harassment is a serious issue, supervisors sometimes don’t take other types of workplace harassment as seriously – even though the risks can be just as great. In one recent case, for example, United Airlines found itself on the hook for nearly $3 million in damages after a […]

News Notes: Recruiter Wins Big In Bias Case

An Orange County jury has ordered Hyundai Electronics America Inc. to pay nearly $10 million to an executive recruiter who claimed his rights were violated. Technical Resources owner Jeffrey Abraham claimed that Hyundai told him not to refer black or female candidates to the company’s Oregon semiconductor plant because Korean managers there didn’t want to […]

News Notes: Whats A Sexual Harassment Claim Worth?

A mediator charged with dividing up a $10 million settlement among 120 female sales representatives for drug maker Astra USA Inc. has come up with the novel approach of placing a dollar value on different types of sexual harassment. Fondling or requests for sex by high-level managers drew $250,000; frequent touching by low-level supervisors was […]

News Notes: Court Changes Its Mind On Retaliation And Religious Accommodation Cases

The federal Ninth Circuit Court of Appeal has reconsidered two opinions it issued last year. In one case, the court had ruled that the anti-retaliation provisions of the federal wage and hour laws don’t protect workers who are fired for griping about overtime violations directly to their employers rather than to the government. The court […]

News Notes: Supreme Court Raises Hurdle For Job Bias Punitive Damages

The U.S. Supreme Court has made it harder for employees to win punitive damages under federal anti-discrimination laws. The case involved a suit by a female attorney who claimed she was denied a promotion because of her sex. The court agreed with the employee that punitive damages are available when an employer acts with “reckless […]

Disabled Workers: High Court Says Employees Can Make Inconsistent Statements About Disabilities; Impact On Employers

Can workers who swear to be totally disabled on an application for Social Security benefits turn around and sue you under the Americans With Disabilities Act (ADA), contending they’re qualified to work despite their disability claim? Two recent court decisions – one from the United States Supreme Court and the other involving a Northern California […]

Equal Pay: New Case Spells Out When Pay Differences Can Be Legal

If equal pay issues aren’t visible on your radar screen, they should be. That’s because both the government and disgruntled employees continue to target employers who violate equal pay laws. Congress is actively debating a bill that would strengthen federal equal pay rules (see the Special Supplement on pending legislation in this month’s Bulletin). And […]

Age Discrimination: Court Rejects Claim By Older Worker Who Lost Job After Restructuring; A Case Study Of What The Employer Did Right

Many human resource managers worry about age bias suits whenever there’s a reorganization and older workers who don’t fit in the new company structure are terminated. But if you can show that your motives are business-related and you handle the situation properly, you’ll go a long way toward avoiding liability. Here’s a look at one […]

Investigating Sexual Harassment Complaints: Why Utilizing Outside Investigators Is Becoming More Complex—And Controversial

Employers are frequently reminded of their legal obligation to promptly and thoroughly investigate all sexual harassment complaints and, as a result, often call in lawyers or specially trained consultants to conduct a complete and objective inquiry. But a controversial new government opinion suggests that using outside investigators could result in your inadvertently breaking a federal […]