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Showing 48 posts in Employment Discrimination Laws.

Fresenius USA Manufacturing, Inc.- Forcing Employers to Navigate the crossroads of workplace harassment & the NLRA

December 5, 2012
Posted In Employee Misconduct, Employee Performance Reviews, Employee Personnel Files, Employment Discrimination Laws, Employment Law, Hiring and Firing, Human Resource Department, National Labor Relations Act, National Labor Relations Board (NLRB), Workplace Discrimination, Harassment and Retaliation

Properly navigating workplace harassment laws is a tricky endeavor for any company.  A recent decision from the National Labor Relations Board (NLRB) in Fresenius USA Manufacturing, Inc. (September 19, 2012) makes employers’ obligations in this arena even more uncertain. More >

EEOC’s Focus on Pregnancy Discrimination

November 7, 2012
Posted In EEOC, Employment Discrimination Laws, Employment Law, Employment Non-Discrimination Act ("ENDA"), Family and Medical Leave Act (“FMLA”), Hiring and Firing, Human Resource Department, Pregnancy Discrimination Act, Strategic Enforcement Plan (SEP), Workplace Discrimination, Harassment and Retaliation

Earlier this week, we gave you an overview of the issues that, according to a recent draft of its Strategic Enforcement Plan (“SEP”), the EEOC is likely to target in the coming years.  One of the emerging issues highlighted in that draft relates to pregnancy discrimination, specifically, situations which force women into unpaid pregnancy leave after being denied accommodations routinely provided to similarly situated employees.  In lock step with the EEOC’s express priorities, the following relevant cases have emerged over just the last few months: More >

Looking at the EEOC’s Draft Strategic Enforcement Plan

October 31, 2012
Posted In Americans with Disabilities Act, EEOC, Employment Discrimination Laws, Employment Law, Hiring and Firing, Strategic Enforcement Plan (SEP), Workplace Discrimination, Harassment and Retaliation

Last month, the U.S. Equal Employment Opportunity Commission's (EEOC) released a draft of its Strategic Enforcement Plan (“SEP”). The SEP is intended to, amongst other goals, establish priorities for the EEOC in the coming years. The draft included five broad nationwide priorities, as follows: More >

Social Media: The New Harassment Landscape Continued

October 12, 2012
Posted In Employee Misconduct, Employee Personnel Files, Employment Discrimination Laws, Employment Law, Human Resource Department, Internet & Media Law, Internet Defamation, Social Media, Social Media Policies, Workplace Discrimination, Harassment and Retaliation

A recent government study uncovered that 23% of harassment victims were targeted through text messaging, email or other digital forms. Not so long ago, the only evidence human resources had to investigate in harassment claims were the face-to-face comments of the parties involved, making the truth sometimes difficult to determine.  With a digital trail of comments to follow, the investigation of harassment claims no longer relies on hearsay, recollection and “he said, she said” testimony, because nothing can refute written proof. More >

Efforts to Restrict Employer Access to Social Media Passwords Pick Up Steam

September 28, 2012
Posted In Employee Misconduct, Employment Discrimination Laws, Employment Law, Human Resource Department, Internet & Media Law, Social Media, Social Media Policies, Social Privacy Laws, Workplace Discrimination, Harassment and Retaliation, Workplace Politics

Legislative efforts to prohibit employers and educational institutions from demanding social media passwords from applicants and employees picked up steam as California became the third state to pass such a law on Thursday, September 27, 2012.  California joins Maryland and Illinois as states making this prohibition law, though none of the statutes have yet to go into effect. More >

Workplace Politics: Cooling the Debates

September 26, 2012
Posted In Americans with Disabilities Act, Employee Misconduct, Employment Discrimination Laws, Employment Law, Human Resource Department, National Labor Relations Act (NLRA), National Labor Relations Board (NLRB), Workplace Discrimination, Harassment and Retaliation, Workplace Politics

With the Presidential election just around the corner, employees may be talking about a lot more than gossip around the water cooler. Given the argumentative nature of politics, every employer should be listening for potentially volatile discussions, with a goal of keeping the workplace comfortable and free of hostility this election season. More >

Are Personal Emails Private in the Workplace?

September 19, 2012
Posted In Employee Misconduct, Employment Discrimination Laws, Employment Law, Human Resource Department, Internet & Media Law, Pregnancy Discrimination Act, Social Media, Social Media Policies, Workplace Discrimination, Harassment and Retaliation

Can companies monitor and read personal emails?  While this is no longer a novel question, companies continue to struggle with finding ways to protect their ability to access and monitor employees’ email activity.  A review of recent cases reminds us that while the answer is usually situational, the result almost always hinges on the strength and specificity of the company’s computer and email use policy. More >

Discrimination in the Workplace Continued….

August 24, 2012
Posted In Employment Discrimination Laws, Employment Law, Employment Non-Discrimination Act ("ENDA"), Hiring and Firing, Human Resource Department, Kentucky Civil Rights Act (“KCRA”), Labor and Pensions ("HELP"), U.S. Equal Employment Opportunity Commission (“EEOC”), Workplace Discrimination, Harassment and Retaliation

Following up on our blog post from Wednesday, Progress for Transgender Employees Seeking Protection from Discrimination in the Workplace, the topic really isn’t so far removed from what is going on right in our own community.  In late July the Fayette County Board of Education updated the language of their anti-discrimination policy to include gender identity and sexual orientation as protected classes.  The decision was approved unanimously and applies to students, teachers and school district employees. This adds Fayette County to the list of approximately six other public school districts that have specific prohibitions for these protected classes.  Gender discrimination is banned by all 174 public school districts in Kentucky. More >

Progress for Transgender Employees Seeking Protection from Discrimination in the Workplace

August 22, 2012
Posted In EEOC, Employment Discrimination Laws, Employment Law, Human Resource Department, U.S. Equal Employment Opportunity Commission (“EEOC”), Workplace Discrimination, Harassment and Retaliation

Kentucky currently has no laws prohibiting discrimination on the basis of sexual orientation or gender identity.  However, since 1999 Louisville-Jefferson County and Lexington-Fayette County and Covington (in 2003) have had local ordinances banning discrimination in employment, housing and public accommodations due to sexual orientation.  In June 2008, Governor Steve Beshear reinstated an Executive Order banning discrimination of state employees based on sexual orientation and gender identity.  On April 23, 2012 the EEOC delivered a landmark ruling, in favor of protection against discrimination for transgender people working for the federal government.  With the introduction of HB 188/ SB 69 Statewide Fairness Act and the federal Employment Non-Discrimination Act on the horizon, we are prompted to encourage every employer to give fairness policies and procedures a serious review. More >

Passwords, Privacy and Protection – The Social Networking Online Protection Act

August 17, 2012
Posted In Employee Personnel Files, Employment Discrimination Laws, Employment Law, Hiring and Firing, Human Resource Department, Internet & Media Law, Social Media, Social Media Policies, Social Networking Online Protection Act (SNOP), Workplace Discrimination, Harassment and Retaliation

The Social Networking Online Protection Act (SNOPA) prohibits employers from requesting or requiring a potential candidate or employee to provide passwords for personal email, private accounts or social networking sites, while protecting said candidates and employees from repercussions of refusal to provide passwords.  Introduced in April 2012 by Representative Eliot Engel (D-NY) and Representative Jan Schakowsky (D-IL), after the pressure was turned up on the intersection of privacy and technology by an Associated Press report of a 2011 incident where an employer required access to an applicant’s Facebook account, the SNOPA attempts to draw a line in the sand on social media access. More >

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