Tag: Policies

HR’s New Stumbling Block Is the Bathroom?

With states and municipalities passing laws designating gender identity as a protected class and the number of employees self-identifying with gender identity issues increasing, many employers are concerned, especially with transgender employees and bathrooms. Sad to say, that’s where it’s at in HR today, worrying about how to juggle toilets to avoid discriminating on the […]

Church Music Director Is Minister, So Court Blocks Employment Discrimination Suit

A Catholic church’s music director is a “minister” and therefore ineligible to bring employment discrimination claims against the Church, the 5th U.S. Circuit Court of Appeals ruled, implementing a new U.S. Supreme Court precedent.  Phillip Cannata worked as the music director for St. John Neumann Catholic Church, part of the Catholic Diocese of Austin. He […]

Radio Show Features Discussion with BLR’s Patricia Trainor on Presidential Election’s Impact on HR Issues

Where do Barack Obama and Mitt Romney stand on employment law and HR issues? Patricia Trainor, BLR’s Senior Managing Editor, Human Resources, was the featured guest on the November 1 broadcast of “The Proactive Employer” –a radio show hosted by Stephanie Thomas that features one-on-one discussions with leading policymakers and thought leaders—on how the presidential […]

Your Ex-Employee’s Case Is an Investment Decision for Plaintiff’s Attorney

Special from the Advanced Employment Issues Symposium, Las Vegas To avoid lawsuits, think like a plaintiffs’ attorney, says attorney Dan M. Forman. When the law firm evaluates your employee’s case, it is making an “investment decision.” Your objective is to discourage their interest. Forman is a partner at the Los Angeles office of Carothers, DiSante […]

Domestic Assault Victims Now Shielded by Antidiscrimination Laws

Workers who experience domestic violence, sexual assault or stalking may be protected from discrimination by Title VII of the Civil Rights Act and the Americans with Disabilities Act, according to new guidance from the federal government. The U.S. Equal Employment Opportunity Commission, which is responsible for enforcing both of those laws, made the announcement in […]

NLRB and nonunion employers

Employers with nonunionized workforces once went about their business without giving much thought to the National Labor Relations Board (NLRB). But with union membership in decline, a more activist Board is branching out, and now even nonunion employers need to be on guard. As union membership dwindles, the NLRB is emphasizing that the National Labor […]

Strong Documentation Defeats Employee’s ADA, ERISA Claims

Good recordkeeping and documentation is key in defending employment discrimination claims, a recent court ruling illustrates. An employee terminated for performance problems alleged that he was fired in violation of the Americans with Disabilities Act, because of his wife’s disability. The employer, however, produced evidence showing that: (1) the employee’s performance was subpar; (2) he […]

How Many of Your Employees are Jobseekers?

A majority of U.S. and Canadian workers fit are also jobseekers, according to a new study by CareerBuilder and Inavero. According to the study, 69 percent of full-time workers reported that searching for new job opportunities is part of their regular routine. “Digital behavior has blurred the distinction between an active and a passive job […]

How Are Your Employees Using Social Media at Work?

New research from SilkRoad Technology sheds light on how employees use social media at work, as well as how employers are approaching social networking. SilkRoad’s “Social Media and Workplace 2012 Report” surveyed more than 1,100 employees in North America to understand how people are using social media at work to communicate and collaborate with coworkers, […]

Faithfully expecting: religious accommodations and employer-mandated vaccination policies

An “informal discussion letter” from the Equal Employment Opportunity Commission (EEOC) indicates that employers should carefully weigh religious objections by pregnant employees, specifically in the context of employer-mandated vaccination policies. Background In February 2012, a healthcare provider wrote the EEOC requesting a formal interpretation of the application of Title VII of the Civil Rights Act […]