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National-Origin Discrimination, Part 1: EEOC Issues New Guidance; What You Need to Know

Because of increasing diversity in the workforce—and a spike in discrimination complaints since the events of Sept. 11, 2001—taking steps to avoid national-origin bias is more critical than ever. Now, the U.S. Equal Employment Opportunity Commission has released updated guidelines to help employers understand the prohibitions against national-origin discrimination and to suggest best practices for […]

News Bulletin: New CEA Board Member

We are pleased to welcome Shawna Swanson, the newest member of our Editorial Review Board. Ms. Swanson, a partner in the San Francisco office of Fenwick & West, has represented employers in litigation relating to harassment, wrongful termination, and employment discrimination. Ms. Swanson also provides advice to employers concerning personnel policies, wage and hour laws, […]

News Notes: Commercial Driver Random Alcohol Testing Rules Revised

Under federal Department of Transportation rules, if you employone or more commercial drivers who operate certain types of vehicles, you must comply with detailed drug and alcohol testing, training and record keeping regulations. As of January 1, 1998, the percentage of drivers you’re obligated to randomly test for alcohol use has been lowered from 25% […]

News Notes: Employer Must Consider Reassigning Disabled Employee To Positions At Equivalent Pay Level

A recent ruling by the federal Ninth Circuit Court of Appeals helps clarify which positions disabled employees must be considered for when they can’t perform their present job. Rodney McLean was a postal clerk until his physical condition prevented him from performing his duties. Although he identified many vacant positions at the same pay level […]

Stimulus COBRA Subsidy: New Notices Every Employer Must Use

The new stimulus package, called the American Recovery and Reinvestment Act of 2009 (ARRA), provides COBRA subsidies for certain employees terminated or laid off between September 1, 2008 and December 31, 2009. The subsidy reduces an employee’s COBRA premium by 65% for up to nine months, provided that the employee meets the eligibility requirements. Last […]

Hiring: What Are the Pitfalls of Hiring Internet Applicants?

Just in the past year, we’ve started doing almost all of our hiring through online sources. In some ways, it works very well, but I’m becoming increasingly concerned that we’re sort of losing control of what was a pretty solid commitment to diversity. Are we exposing ourselves to discrimination and affirmative action problems by recruiting […]

Health and Safety: Employee Obesity Can Create Risks in the Workplace; Low-Cost Approaches to Tip the Scales in Your Favor

No doubt you’ve heard that Americans are getting heavier. The Surgeon General reports that in 1999, 61 percent of adults in the United States were overweight, twice as many as in 1980. And as of 2001, according to the Centers for Disease Control (CDC), nearly a quarter of all Californians were obese. These numbers—and the […]