Americans first: Preference for foreign workers can run afoul of federal laws

by Jacob M. Monty

Making good on promises from earlier this year, the U.S. Department of Justice (DOJ) has begun cracking down on what it calls discrimination against U.S. workers who are being passed over in favor of temporary foreign workers. The DOJ recently announced a settlement with Carrillo Farm Labor, LLC, a New Mexico onion farm. Following an investigation into allegations by two U.S. citizens that they had been rejected in favor of workers from Mexico, Carrillo agreed to pay $5,000 in fines and comply with ongoing training and reporting requirements. In a separate but related agreement, Carrillo agreed to pay $44,000 in lost wages to five other U.S. workers.  come in we're hiring

Abuse of visa programs as discrimination

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Diversity and inclusion director gets a little inclusion

by Michelle Lee Flores

The California Court of Appeal threw a solitary bone to Toyota’s director of diversity and inclusion when it reversed a trial court’s dismissal of his sexual orientation discrimination claim. The court of appeal held that the former employee had provided sufficient evidence that a senior manager’s perception that he was “too gay” was a substantial motivating factor for his termination. However, his evidence of sex or gender stereotyping didn’t support, and therefore didn’t save, his retaliation and wrongful discharge claims, both of which were dismissed by the trial court without going to the jury.  Justice is served

Diversity and inclusion director feels excluded

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Food bank works toward goals of diversity and inclusion

July 16, 2017 - by: Diversity Insight 0 COMMENTS

Editor’s note: Many organizations want to improve diversity and inclusion, but they don’t know where to start.  The Food Bank of Western Massachusetts is one such organization, and members of the organization’s in-house committee have provided this report on the first year of their program in the hope that other organizations can learn from their experience.  The Food Bank of Western Massachusetts

The Food Bank of Western Massachusetts

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Action needed to enforce workplace respect for others

by Dinita L. James

Defiant public displays of racism and bigotry have been reported around Arizona. I haven’t witnessed such brazenness since my youth in rural North Carolina in the 1960s and early 1970s. I’m not saying that hearts and minds were changed, but the racists learned to whisper among themselves to avoid overwhelming public condemnation. The coarse culture at large makes it imperative that you communicate with and train your employees on the behavior you demand of them when they’re dealing with others on your behalf.  Businessman and businesswoman handshaking in conference room

Slurs in the stands

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Increase diversity by recruiting, retaining people with disabilities

by Stephanie Holstein

Having a diverse workforce includes hiring people with disabilities, which can create a positive and inclusive work environment, be good for the bottom line, and help bring down the high unemployment rates of people with disabilities. There are a number of best practices and helpful resources to make recruiting and retaining people with disabilities an effective and manageable process for employers looking to successfully implement an initiative to employ more people with disabilities.  Businessman discussing with colleagues in office

Recruiting candidates with disabilities

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Responding to restroom accommodation requests from transgender employees

by Brian Bouchard

Fifty-two years ago, Bob Dylan penned the now-famous lyrics “The times they are a-changin’.” True enough, Mr. Dylan, but for many, changes come slowly, and as the late David Bowie sang: “The days still seem the same.” This can be true in regard to laws, which sometimes struggle to keep pace with changes in society. Would it surprise you to learn that only last May, Congress removed archaic racial terminology like “Oriental” and “Negro” from the federal lexicon?   Bathroom sign

For employers dealing with transgender-related issues, the changing times have exposed a legal void of uncertainty. Time magazine recently called transgender issues the “New Civil Rights Frontier.” Yet despite a shifting and dynamic public perspective on transgender issues, Congress and federal agencies have provided little guidance to employers. As a result, many employers have been left in the dark, trying to divine the best way to deal with various related issues. None is as vexing as restroom accommodations.

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Employer can insist that ‘doctor’s note’ come from a doctor

by Jennifer Suich Frank and Samuel D. Kerr

Q One of our employees went to a holistic healer who isn’t a certified healthcare practitioner, and he advised her that she needs a week off work. He won’t write her a doctor’s excuse and will only speak to someone via telephone. Our attendance policy states that missing that much work requires a doctor’s note. Are we violating the employee’s rights if we discipline her for an attendance policy violation?  Woman lying face down having cupping acupuncture, mid section

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Be careful what you say: Employee’s name-calling lands him in hot water

by Franck G. Wobst

An Ohio Court of Appeals recently ruled that a city’s civil service commission acted within its rights when it suspended a city employee for 45 days for jokingly calling an African-American coworker “Black Buck” and “Big Black Buck.” Shhh!

Facts

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Dealing with hidden disability: Navigating protections for workers with addictions

June 18, 2017 - by: Tammy Binford 0 COMMENTS

Employers generally understand their obligations related to legal protections for people with disabilities. But not all disabilities are obvious, sometimes not even to those afflicted. Such may be the case when employees suffer from addiction to prescription drugsa problem that’s been in the spotlight lately. And with good reason: The costs employers face related to such addictions are staggering.  Medicine sales man rep offering pills

For example, an analysis released in March claims that healthcare costs for employees who misuse or abuse prescription drugs are three times the costs for an average employee. The analysis is from the National Safety Council, independent research institution NORC at the University of Chicago, and Shatterproof, a nonprofit organization working to end the stigma of addiction and support families dealing with it. The groups have developed a Substance Use Cost Calculator to help employers understand the impact of addiction on their business.

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Millennials will transform management practices

by Jimmy Daniel

Millennials, also known as Generation Y, have surpassed Generation X and Baby Boomers to become the largest group in America’s workforce, according to Pew Giving their design the seal of approvalResearch Center’s analysis of the 2015 U.S. Census Bureau data. Not only are Millennials continuing to grow and dominate the workforce, but they are also starting to take on more management roles.

In 2013, Ernst and Young conducted an online survey of more than 1,200 cross-company professionals in the United States that included evenly split responses from managers and nonmanagers in Generation Y, Generation X, and Baby Boomers. The survey showed that 87% of the Millennial managers surveyed had moved into management roles between 2008 and 2013, compared to only 38% of Generation X managers and 19% of Baby Boomer managers. That was in stark contrast to the same survey conducted from 2003 to 2008, during which only 12% of Millennial managers had moved into a management role.

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