EEOC issues updated enforcement guidance on pregnancy discrimination

by Kevin McCormick

On July 14, the Equal Employment Opportunity Commission (EEOC) issued its “Enforcement Guidance on Pregnancy Discrimination and Related Issues.” This is the first comprehensive update the EEOC has provided on the subject since 1983. The guidance supersedes the earlier EEOC publication and incorporates significant developments in the law during the past 30 years.  Pregnant Employee

In addition to addressing the requirements of the Pregnancy Discrimination Act (PDA), the guidance discusses the application of the Americans with Disabilities Act (ADA) as amended in 2008 to individuals who have pregnancy-related disabilities. Much of the analysis in the new guidance is an update of long-standing EEOC policies that set out the fundamental PDA requirements that an employer may not discriminate against an employee on the basis of pregnancy, childbirth, or related medical conditions and that women affected by pregnancy, childbirth, or related medical conditions must be treated the same as other persons similar in their ability or inability to work.

read more…

Top 10 tips for dealing with substance abuse in the workplace

by Michelle Lee Flores

There is clear agreement that substance abusewhether it’s alcohol, prescription drugs, or illegal drugsadversely affects employers and their businesses. Some estimate the loss of productivity for U.S. employers has been as much as $200 billion annually! General concerns for safety at work, injuries on the job, theft, loss of employee morale, and costs related to absenteeism, recruiting, training, turnover, and healthcare utilization illustrate why substance abuse in the workplace is problematic. Below are some tips for dealing with substance abuse in the workplace.  WorkAlcoholic

10 important do’s and don’ts
1. Don’t be the ostrich. Many employers don’t want to deal with substance abuse in the workplace, so they ignore it, thinking it won’t happen to them or a policy isn’t needed. Don’t be that employer. Indeed, chronic abusers seek out employers that don’t have substance abuse policies for their workplace. Many employers also tend to ignore or enable the substance abusing employee in his behavior. If there are suspicions of abuse, rely on your workplace policy and your employee assistance program (EAP).

read more…

‘Sex-plus’ discrimination claims are still viable

by Rachel E. Burke

The U.S. 6th Circuit Court of Appeals recently addressed the issue of whether a “sex- plus” claim of discrimination, in which a former employee claimed that she was discriminated against specifically for being an African-American female, can be made under Title VII of the Civil Rights Act of 1964. The case is significant not only for its reinforcement of the notion that the various traits protected by Title VII necessarily coexist and shouldn’t always be considered separate from each other but also for its emphasis on the importance of e-mail evidence in discrimination cases.  StopRaceDiscrimination

Facts

read more…

The role of leadership in creating transgender-inclusive workplaces

August 12, 2014 - by: Diversity Insight 0 COMMENTS

by Dr. Jamison Green

Corporate leaders agree that diverse and inclusive workplaces are more productive, versatile, and adaptive in a changing marketplace. But often, when managers think of gender diversity, they think only about gender parity between men and women, or about opening traditionally male occupations to women, or vice versa. Creating a transgender-inclusive workplace is an opportunity to create even more awareness about gender, and to eliminate the prejudices and limitations we impose on people because of our assumptions about gender and sex stereotypes.  PositiveLeadership

Employers may not even be aware that they may already have transgender people in their workforce. Not all transgender people will go through an “on-the-job” transition, nor will they be “obvious” in their appearance. Some employees may have transgender family members or friends, and knowing that there are employers who actively do not discriminate against this segment of the population can be a source of relief and even pride.

read more…

Military spouses and their employment challenges: What employers can do

July 20, 2014 - by: Tammy Binford 0 COMMENTS

What employer doesn’t crave a pool of applicants with a strong work ethic, a reputation for being skilled, diverse, motivated, tech-savvy, mobile, and well-educated? Those qualities typically top the list of desired characteristics, but when candidates with those assets are military spouses, employers often pass them up.  MilitarySpouse

Department of Defense statistics claim that 85 percent of military spouses want or need work, but one in every four is unemployed and looking for work. Eighty-four percent of military spouses have some college, 25 percent have a bachelor’s degree, and 10 percent have an advanced degree, according to the statistics, but military spouses earn 25 percent less than their civilian counterparts.

read more…

Categories: Feature

Tags: ,

New mental disorders could lead to spike in ADA claims

by Lisa Berg

What do forgetfulness, menstrual cramps, and social awkwardness have in common? They’re all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), which is published by the American Psychiatric Association (APA).  MentalDisorders

The DSM-5 is widely used by healthcare professionals to assess and diagnose mental disorders. The practical translation: More employees may qualify for protection under the Americans with Disabilities Act (ADA) than ever before, which means employers must be ready to address issues of mental disability accommodation. This article examines the challenges you face in assessing the new mental disorders and determining whether they constitute a mental disability under the ADA for a particular employee.

read more…

The perils of firing an older, long-tenured worker

by Jonathan C. Sterling

Q We have an employee over age 65 who has been a manager for over 40 years and has excellent evaluations in his file. Recently we have learned that his department is possibly committing fraud in their documentation of paperwork.FiredOlderWorker He doesn’t abide by company policy, doesn’t meet deadlines, and has been written up one time for sexual harassment. Can we terminate him without fearing a wrongful termination lawsuit?

A The fact is, there is often nothing you can do to avoid a wrongful termination claim. The real question is whether the termination is defensible in a legal proceeding. It sounds like you have legitimate nondiscriminatory reasons that justify the employee’s termination. Make sure you have meaningfully investigated each of his transgressions and the results are well documented. It is equally important that you treat the employee the same way you treat other workers who engage in similar misconduct. If other employees in the department engaged in the same conduct, they should be subject to the same punishment. If you have done those things, you should have a solid defense to a lawsuit.

read more…

Supreme Court addresses, upholds state bans on affirmative action

July 20, 2014 - by: Diversity Insight 0 COMMENTS

By Holly K. Jones

In a recent U.S. Supreme Court ruling, the court upheld a controversial ban on the use of affirmative action in public education, employment, and contracts in the state of Michigan. For details on the decision and whether it affects your business, read on.  AffirmativeAction

Background

read more…

Perception is reality when it comes to disabilities

by Cathleen S. Yonahara

An employee was placed on paid leave because of his medical symptoms. When he was subsequently fired, he sued for disability discrimination. The employer prevailed at the trial court level but lost before the appellate court. The crux of the case was whether the employer “regarded” the employee as disabled even though he didn’t have an actual disability.  ToxicLeadWire

Employee placed on leave because of lead toxicity

read more…

Win-win: Eldercare support helps employees, employers alike

June 15, 2014 - by: Tammy Binford 0 COMMENTS

No matter how devoted to the job employees may be, their lives extend beyond the workplace. And an increasing number of employees are finding that their non-work responsibilities include eldercare.  Eldercare

The U.S. Bureau of Labor Statistics reported in September 2013 that 39.6 million people were providing unpaid eldercare in 2011-2012. Many of those caregivers were part of what’s been termed the “sandwich generation” because they find themselves sandwiched between two generations requiring care: their children as well as their parents.

read more…

 Page 3 of 38 « 1  2  3  4  5 » ...  Last »