Beyond maternity leave: employers’ duties to returning mothers

by Michelle Dougherty

With the recent emphasis on the Pregnancy Discrimination Act (PDA)  regarding employers’ affirmative duties to pregnant employees, it is important for employers to remember that they also have obligations when employees return to work after childbirth. Specifically, under the Fair Labor Standards Act (FLSA) and the Affordable Care Act (ACA), employers have certain obligations to nursing mothers.  BreastMilk

What’s required of employers?

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Retaliation, discrimination, and harassment persist; disability bias charges increase

The Equal Employment Opportunity Commission (EEOC) recently released a detailed breakdown of the 89,385 workplace discrimination charges it received in fiscal year (FY) 2015, which started on October 1, 2014, and ended on September 30, 2015. Retaliation charges increased by nearly 5% and continue to be the leading complaint raised by workers across the country. Disability discrimination charges increased by 6% from FY 2014 and were the third most commonly filed charge.  EEOC-jpg

The EEOC resolved 92,641 charges in FY 2015 through voluntary resolution and litigation. The year-end data show that 39,757 retaliation charges were filed, representing 44% of all private-sector charges. The agency is currently seeking public input on its proposed enforcement guidance on retaliation and related issues.

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Unemployment rate for veterans at lowest point since 2008

On March 24, 2015, the U.S. Department of Labor’s (DOL) Bureau of Labor Statistics (BLS) released unemployment numbers showing that the 2014 unemployment rate among military veterans dropped to its lowest point since 2008. Employers’ recognition of the strengths that veterans bring to the workforce is at least one factor for this drop in unemployment. Veteran at Work

Numbers continue to improve

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Categories: Just the Facts


EEOC releases FY 2014 enforcement stats

by Christopher J. Pyles

According to newly released statistics from the Equal Employment Opportunity Commission (EEOC), the state in which the most administrative charges were filed in fiscal year (FY) 2014 was Texas, which had more than 8,000. Where did your state rank?  Statistics!

Discrimination by the numbers

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EEOC issues FY 2013 performance report

February 16, 2014 - by: Diversity Insight 0 COMMENTS

On December 16, 2013, the Equal Employment Opportunity Commission (EEOC) issued its fiscal year (FY) 2013 performance report, which indicates the agency is as busy as ever. According to the report, the EEOC received a total of 93,727 private-sector charges of discrimination in FY 2013, making it one of the top five fiscal years in terms of new charges filed. In addition, a total of 97,252 charges were resolved, nearly 14,000 fewer than in FY 2012.  Settlement

At the end of September, the EEOC had a pending inventory of 70,781 charges. The average time to investigate and bring charges to resolution was reduced by 21 days, to 267 days per charge. The report also revealed that in FY 2013, the agency obtained a record $372.1 million in monetary relief for victims of private-sector workplace discrimination. That figure represents a $6.7 million increase over the relief recovered in FY 2012, and it’s the highest amount ever obtained in the EEOC’s history. Overall, the agency secured both monetary and nonmonetary benefits for more than 70,522 individuals through administrative enforcement activities, including mediation, settlements, and conciliations.

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Atten-hut! Know your USERRA obligations

by Steve Jones

Q What are my obligations to employees who are in the military, are called to serve, and then seek to return to their civilian jobs? What if an employee will be deployed for more than a year?

A The Uniformed Services Employment and Reemployment Rights Act (USERRA) governs the employment of military servicemembers. USERRA, which is a federal law and therefore applies in all states, is intended to ensure that people who serve or have served in the armed forces, reserves, National Guard, or other uniformed services (1) are not disadvantaged in their civilian careers because of their service, (2) are promptly reemployed in their civilian jobs upon their return from military duty, and (3) are not discriminated against in employment based on past, present, or future military service. You must be aware of your obligations under USERRA before you hire military servicemembers, during their employment, and while they are away from their jobs because of service-related duties.

Application of the law

First, you may not deny someone initial employment because of past, present, or future military service. You can defend your company against a USERRA claim by presenting evidence that you would have taken the same action if the job applicant didn’t have military service obligations. Detailed documentation, including comprehensive interview notes and in-depth explanations of your reasons for not hiring prospective employees, will help your defense. read more…

The FMLA turns 20

March 17, 2013 - by: Diversity Insight 0 COMMENTS

On February 5, 1993, the Family and Medical Leave Act (FMLA) became the first legislation signed into law by President Bill Clinton. On February 5, 2013, the U.S. Department of Labor (DOL) celebrated the 20th anniversary of the Act by publishing new FMLA regulations and holding a special event attended by President Clinton, former Secretary of Labor Alexis Herman, and others who promoted the 1993 statute.

The agency also released “Family and Medical Leave in 2012,” a report on the law compiled for the DOL that reviewed the status of the FMLA in 2012 and opined on proposals to change the law. The report surveyed 1,812 worksites, some covered and some not, and 2,852 employees, some eligible for FMLA leave and some not. Here are some of the facts from the report: read more…

EEOC has a banner year

by Edward Sisson

The Equal Employment Opportunity Commission (EEOC) was very busy in fiscal year (FY) 2012. The agency reported that it finished the year with record-high monetary recoveries for victims of discrimination.

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Survey looks at the difference in work styles of younger, older workers

December 16, 2012 - by: Diversity Insight 0 COMMENTS

Online job website CareerBuilder conducted a national survey between May 14 and June 4, polling more than 3,800 full-time workers and more than 2,200 hiring managers across industries and functions. Managers and workers ages 25 to 34 and managers and workers 55 and older were surveyed to get a picture of how the styles of the two groups differ.

“Age disparities in the office are perhaps more diverse now than they’ve ever been,” says Rosemary Haefner, vice president of human resources at CareerBuilder. “It’s not uncommon to see 30-year-olds managing 50-year-olds or 65-year-olds mentoring 22-year-olds. While the tenets of successful management are consistent across generations, there are subtle differences in work habits and views that all workers must empathize with when working with or managing someone who’s much different in age.” read more…

Federal government touts increase in employment of people with disabilities

November 18, 2012 - by: Diversity Insight 0 COMMENTS

When President Obama signed Executive Order 13548 on July 26, 2010, he specifically set a goal of hiring 100,000 people with disabilities by 2015. The U.S. Office of Personnel Management (OPM) not only lead federal agencies in the first two quarters of 2012 with 4.2 percent of all new hires being people with disabilities, the agency also trained 3,000 federal employees from more than 56 agencies on recruitment techniques for finding and hiring people with disabilities.

“People with disabilities are welcome in the federal family,” said OPM Director John Berry. “We need the talents and creativity of all people—including people with disabilities—to help do the work of the American people.  We are doing anything possible to remove barriers to their employment, and the good news is that we’re moving in the right direction, and you can see it in the numbers.”

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