Tag: DOJ

DOJ Won’t Defend the ACA Individual Mandate and Related Provisions

The Trump administration has decided not to defend the Affordable Care Act’s (ACA) individual mandate, or certain provisions it considers to be inseparable from the mandate, from an ongoing constitutional challenge. The U.S. Department of Justice (DOJ) has asked the court hearing the case to declare these provisions invalid as of January 1, 2019.

farm

New Mexico Onion Farm Pays Fines for Favoring Foreign Hires

Making good on promises from earlier this year, the U.S. Department of Justice (DOJ) has begun cracking down on what it calls discrimination against U.S. workers who are being passed over in favor of temporary foreign workers. The DOJ recently announced a settlement with Carrillo Farm Labor, LLC, a New Mexico onion farm.

Sessions memo changes DOJ position on transgender discrimination

by Tammy Binford U.S. Attorney General Jeff Sessions’ announcement changing his department’s position on transgender employment discrimination marks a change in the legal landscape, but it doesn’t alter employer obligations under various state and local laws or the position taken by other federal agencies. In an October 4 memo to U.S. attorneys titled “Revised Treatment […]

telecommuting

5th Circuit Assures Employer That Some Good Deeds Do Go Unpunished

Although disability-based harassment/hostile work environment claims have been recognized by the courts for a while, they aren’t very common. The U.S. Court of Appeals for the 5th Circuit—which covers Louisiana, Mississippi, and Texas—recently rejected an employee’s claim of disability-based harassment under the Americans with Disabilities Act (ADA), finding her employer’s good-faith efforts to engage in […]

HR Pros Can Be Criminally Liable in Antitrust Cases, Feds Say

Two federal agencies have announced that going forward, they intend to pursue criminal charges against individuals involved in illegal anticompetitive activity. And HR professionals “often are in the best position” to ensure compliance, the organizations said in a new guidance.

Back Up to Speed Must Mean Back On the Job in California

by Denise Trani-Morris Just as in any other job, California state employees can be incapacitated in this line of duty and can receive certain special disability retirement benefits. However, once deemed no longer incapacitated, the employee must be reinstated. This was reaffirmed by a recent appeals case.

Gall, Blatter

Joseph “Sepp” Blatter is a man whose name seems an adjective as much as a proper noun. Blatter, as you likely know by now, was just elected to a fifth term as President of the Fédération Internationale de Football Association (FIFA), the international umbrella organization for international soccer. The 79-year-old Blatter was his typically arrogant […]

EEOC Moving Forward with Plans to Collect Compensation Data

In his 2015 State of the Union speech, President Obama pressed Congress to “pass a law that makes sure a woman is paid the same as a man for doing the same work.” Although the president’s plea for the passage of stronger pay discrimination laws is unlikely to sway the Republican-controlled House and Senate, the […]