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The Employer Handbook BlogCan an employer force an employee to arbitrate ***checks notes*** a charge of discrimination?
Nothing ventured, nothing gained. Continue reading
Articles Posted in Human Resources Policies
Mark your calendars for two FREE employment law webinars this month.
I receive email alerts from the U.S. Equal Employment Opportunity Commission that include information on upcoming webinars. Most of them cost money to attend. But every once in a while, there’s a freebie.
Like this one.
How to investigate claims of harassment — when the accused is part of HR
Yesterday, we addressed the risks of not letting HR do its job by investigating sexual harassment complaints. Today, we’ll discuss a recent decision underscoring the importance of thoroughly investigating employee complaints.
Meanwhile, another court has blocked “elective abortion” accommodations under the PWFA regulations
On Friday, a federal judge in Arkansas dismissed a lawsuit that 17 states had filed challenging aspects of the U.S. Equal Employment Opportunity Commission’s final rule to implement the Pregnant Workers Fairness Act (PWFA) — specifically the part that deals with “elective abortions.”
Yesterday, another federal judge in Louisiana enjoined the EEOC from requiring employers in Louisiana and Mississippi to accommodate elective abortions, i.e., an abortion prompted exclusively by the woman’s choice, where no physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions exists. Continue reading
Court denies 17 states’ challenge to abortion leave under the EEOC’s pregnancy regulations
On Friday, a federal judge in Arkansas dismissed a lawsuit that 17 states had filed challenging aspects of the U.S. Equal Employment Opportunity Commission‘s final rule to implement the Pregnant Workers Fairness Act (PWFA) — specifically the part that deals with “elective abortions.” Continue reading
A new “Epic” measure in Congress aims to end arbitration of employment claims
This week, U.S. Senator Patty Murray (D-WA) and U.S. Representatives Robert C. “Bobby” Scott (D-VA-03) and Jerrold Nadler (D-NY-12) reintroduced the Restoring Justice for Workers Act, which Ms. Murray describes as legislation to end forced arbitration clauses and protect workers’ ability to pursue work-related claims in court. Continue reading
Court: Denying coverage for gender-affirming care to transgender employees is sex discrimination
If your business provides a self-funded health insurance plan to its employees, that health plan covers “medically necessary” services, and you’re not keen on defending sex discrimination claims, then keep reading. Continue reading
Hey, HR! Avoid the same mistake that this HR Department allegedly made when responding to an employee’s complaint.
An employer recently learned the hard way that a proper response to an employee’s complaint of harassment involves more than simply investigating it.
I’ll explain. Continue reading
Congress takes a step closer to ending forced arbitration of age bias claims
Yesterday, the U.S. Senate Judiciary Committee announced that it had advanced the Protecting Older Americans Act, which would invalidate forced arbitration clauses requiring employees to arbitrate age discrimination claims, whether for disparate treatment, disparate impact, harassment, or retaliation.
15 Senators voted in favor and 6 against.
Continue reading
Man tests positive for marijuana, blames it on his lip balm, and doubles down with an ADA lawsuit.
Yesterday, I wrote about how the DEA’s move to ease restrictions on marijuana would change the ADA landscape for employers by requiring accommodations for employees with disabilities who use medical cannabis to treat.
For now, however, marijuana remains a Schedule One drug. So, the Americans with Disabilities Act does not protect individuals with actual disabilities who lose their jobs for testing positive because the ADA does not protect individuals engaging in “the illegal use of drugs” within the meaning of the statute.
But what if the employee does not have an actual disability? Continue reading