Author: HR Daily Advisor Staff

News Notes: New Law Prohibits Genetic Discrimination

A bill recently signed by Governor Pete Wilson will prohibit discrimination against otherwise healthy employees with genetic characteristics that predispose them to a hereditary disease. Proponents of the measure, which goes into effect January 1, 1999, say it’s needed because some employers have begun screening job applicants for genetic problems. A recent court decision found […]

News Notes: Employers Winning More ADA Lawsuits

Employers have won a whopping 92% of disability discrimination cases that have gone to trial, according to a new American Bar Association study. Despite the impressive statistics, the Americans with Disabilities Act poses continuing risks for employers. The study did not take into account cases that settled before trial and the high cost of defending […]

Sexual Harassment: U.S. Supreme Court Clarifies When You’re Responsible For Harassment; Steps To Take Now

In a pair of important new decisions, the U.S. Supreme Court has for the first time clarified the rules about when you can be liable for harassment that you didn’t know about or that didn’t cause the victim a loss of job benefits. The rulings offer something for everyone. They make it easier for employees […]

Age Bias Suits: Worker Called “Old Timer” And Replaced By Young Trainee Wins $1.64 Million In Arbitration; What You Should-And Shouldn’t-Do

These days, it seems any time you terminate a worker 40 or over, you risk being hit with an age bias lawsuit. And, if you haven’t handled the termination by the book, you could get hammered with a big judgment. A recent steep arbitration award to an older employee who claimed he was illegally pressured […]

Americans With Disabilities Act: Supreme Court Ruling Means Even More Employees May Now Be Entitled To Protection

HIV-positive individuals are covered under the Americans with Disabilities Act even if they don’t yet have any AIDS symptoms, according to a new U.S. Supreme Court ruling. The court’s reasoning could have broad consequences in the workplace because it may open the door to legal protection for employees whose conditions aren’t necessarily disabling, such as […]

Personal Liability Of Supervisors: California Supreme Court Limits Risk For Discrimination Claims

Clarifying an issue that has long divided lower courts of appeal, the California Supreme Court has ruled that only employers-not individual managers and supervisors-can be forced to pay damages for workplace discrimination claims arising out of routine employment decisions. But supervisors are still at risk for huge damages in cases involving harassment and retaliation-and possibly […]

News Notes: Employee Can Sue Despite Pre-Hire Warning About Co-workers’ Harassing Behavior

Warning a new employee that coworkers might behave offensively won’t get you off the hook for being sued for harassment. When Larhonda Williams interviewed for a receptionist position with Snyder Roofing and Sheet Metal, the company told her she would be exposed to coarse language on the job, and she said she could handle it. […]

News Notes: Survey Flags Hot New Employee Benefit Choices

A recent survey of employers by the human resources consulting firm Hewitt Associates indicates that employees are increasingly interested in non-traditional and flexible benefits that they can pick and choose to suit their particular needs, including retirement and work/family concerns. And employers, to stay competitive in attracting the best talent, are planning to make more […]

News Notes: COBRA Can’t Be Denied Because Employee Has Other Coverage

The U.S. Supreme Court has ruled that you can’t deny COBRA continuation coverage to an eligible employee or dependent simply because the person-at the time COBRA coverage is elected-is also covered under another group health plan, such as one provided by a spouse’s employer.3 Note that despite this new ruling you can terminate COBRA benefits […]

Retaliation Claims: EEOC Issues New Guidelines Explaining Employee Rights And Your Obligations

It’s no surprise to many employers that discrimination claims have been on the rise over the past several years. But related lawsuits for retaliating against employees who lodge these complaints are also booming. From 1991 to 1997, the number of retaliation charges filed each year with the Equal Employment Opportunity Commission skyrocketed by almost 130%. […]