OFCCP: New, Aggressive Stance (Seemingly Out Of Nowhere)
Yesterday, we shared attorney David Fortney’s insights on OFCCP’s new affirmative action regulations. Today, more on what you need to know about the “new” OFCCP.
Tag: EEOC
Mental disorders: How will DSM-5 affect California employers?
What is DSM-5? It is the new edition of the Diagnostic and Statistical Manual of Mental Disorders, released by the American Psychiatric Association on May 18, 2013. This is the first substantial update to the DSM since 1994, and it reorganizes the classification system and changes the names of some disorders to simplify diagnostics for practitioners. The DSM is primarily used by psychiatrists and other mental health professionals in diagnosing patients, but its influence extends to the courts and the development of employment law.
New Affirmative Action Regs Puzzle and Mystify
Some organizations have decided that the new affirmative action regulations will be so burdensome that they are working their way out of contractor status, says attorney David Fortney. “We’re tired of being hassled,” they say, and they are wrapping up their government contracts.
Not ‘Discipline’ … but ‘Opportunity to Improve’
Yesterday, we presented attorney Jathan Janove’s suggestions for dealing with employees who say, “My aberrant behavior was caused by my disability.” Today, we’ll give you more of his tips—plus an introduction to an upcoming California-specific ADA/FEHA training session.
Perceived Symbols of Wealth Will Quickly Derail Your Mediation
In yesterday’s Advisor, EEOC mediator Elizabeth Marcus offered “8 myths of mediation.” Today, more of her tips for making mediation work, plus an introduction to the all-things-HR-in-one-place website, HR.BLR.com. Marcus offered her tips on succeeding with mediation at a recent meeting of the Employers’ Counsel Network (ECN) in Springfield, Massachusetts. The Employers’ Counsel Network includes […]
Mediation: It Works, But Here Are Eight Myths
Mediation is mocked in some parts of the country, but New England region attorneys at a recent meeting of the Employers’ Counsel Network reported good experiences with the process. EEOC Mediator Elizabeth Marcus offered her eight myths of mediation at the meeting. The Employers’ Counsel Network includes the attorneys from each state who write BLR’s […]
Two Employees Fired for Not Participating in Scientology, Lawsuit Claims
A Miami company that provides medical and chiropractic services, has agreed to settle a religious discrimination lawsuit that claimed it required certain employees to spend at least half their work days in courses that involved Scientology religious practices, such as screaming at ashtrays or staring at someone for 8 hours without moving. The lawsuit was […]
The Eight Myths of Mediation
The Employers’ Counsel Network includes the attorneys from each state who write BLR’s state employment law newsletters. Marcus is one of the EEOC mediators based in the Boston office of the EEOC. Mediation vs. Enforcement Marcus explains the essential differences between the mediation and enforcement roles of her agency: Enforcement Find out what happened. Determine […]
Tips For Avoiding Religion Bias Claims at Your Workplace
Yesterday, we told you how clothing retailer Abercrombie & Fitch landed in legal hot water for concluding that a religious headscarf known as a “hijab” was inconsistent with the “Abercrombie look.” Today, the details of the settlement—and some tips for avoiding similar problems at your workplace.
How Should Employers Use an EEOC Position Statement to Respond to Discrimination Charges?
When faced with an EEOC charge, typically one of your first requirements will be to respond with what’s known as a position statement. The position statement is where the company has the chance to defend their position.