ADA and USERRA: Duty owed to employees who fight for country

by Brinton M. Wilkins

Society has long understood that war can exact a heavy psychological toll on the soldiers, marines, sailors, airmen, and coast guardsmen who serve in the military. During WWI, servicemembers came home with shell shock. The psychological difficulties military men and women face have been diagnosed as “combat stress reaction,” “combat fatigue,” and “battle neurosis.” Since the 1980s, post-traumatic stress disorder (PTSD) has been the prevalent diagnosis.  Soldiers in the Field

The psychological handicaps suffered by servicemembers are real, and given the sacrifices they have made, federal law protects veterans who enter the civilian workforce. Some of those protections, such as confidentiality for medical information, apply to all employees, whether or not they have served in the military. But others, such as those set forth in the Uniformed Services Employment and Reemployment Rights Act (USERRA), are unique. Read on to see how one employee, if nothing else, reminded his employer of the unique duties owed to the employees who fight for our country.

read more…

4th Circuit ruling favors transgender student

by Rachael Luzietti

After the Norfolk federal district court refused to order the Gloucester County School Board to grant the student’s request, he appealed to the U.S. 4th Circuit Court of Appeals (whose rulings apply to all Virginia employers). Recently, the appeals court reversed the district court’s decision and issued a ruling favorable to the student.  Transgender Sign

A recap of the lawsuit

read more…

Gender diversity in the workforce: What’s holding women back?

May 15, 2016 - by: Tammy Binford 0 COMMENTS

A number of well-intentioned corporate executives—with their eyes squarely on the bottom line—are taking action to increase gender diversity at all levels of their organizations. Confident they’ll see a payoff, those top managers are making sure women’s ideas contribute to their organizations’ strategic thinking. Despite strong efforts, though, recent research notes a lack of progress.  Torso Equating One Female Worker With Three Males

In March, global management and consulting firm McKinsey & Company reported in its McKinsey Quarterly that statistics collected from 30,000 employees at 118 North American companies representing nine industries reveals three “common pipeline pain points”: (1) Women often are unable to enter an organization, (2) sometimes they’re stuck in an organization’s middle ranks, and (3) sometimes they’re locked out of top jobs.

read more…

Sex stereotyping, same-sex harassment, and transgender issues in the workplace

by Amanda Shelby

We typically think of sex discrimination and sexual harassment as involving two employees of the opposite sex, but that unlawful activity can occur between employees of the same sex, too. Although federal law doesn’t explicitly recognize gender identity or sexual orientation as protected characteristics, several states and cities have passed ordinances prohibiting adverse action on the basis of gender identity and sexual orientation. Additionally, in its 2013-16 Strategic Enforcement Plan, the Equal Employment Opportunity Commission (EEOC) emphasized the emerging issue of LGBT rights in the workplace. Gender Identity

A brief overview of the law

read more…

Caregiving responsibilities, temporal flexibility, and the gender wage gap

by Kelly Boehner

We often hear that women earn approximately 77 cents for every dollar men earn. That statistic comes from data in the 2010 American Community Survey, an annual survey conducted by the U.S. Census Bureau. The statistic means that if you calculate the median annual income for all men and women who work full-time for an entire year, you would see that the annual median income for women is 77% of the annual median income for men.  UnequalPay

Pay disparity persists

read more…

Prayer breaks present difficult religious accommodation issues

by Steven T. Collis

Recent news stories describe the tension between Muslim workers seeking multiple prayer breaks at specified times throughout their workday and employers that need those workers on the assembly line. Many Muslim employees have walked off the job, claiming their prayer break requests have been unlawfully denied. With so much coverage of religious accommodation cases in the news, this article addresses how to handle this somewhat difficult scenario. Prayer break

Case in point

read more…

The wrong way to diversify a workforce

by Lynn M. Mueller

According to the 8th Circuit, three officials of the St. Louis Metropolitan Police Department who were seeking a diverse workforce violated Title VII of the Civil Rights Act of 1964 when they rejected a white male sergeant in favor of a black female sergeant for a transfer to an equivalent position with materially different working conditions.  Discrimination underlined with red marker

Assistant academy director job opens up

read more…

Switching gears: Shifting to reverse can rev up workplace mentoring

April 17, 2016 - by: Tammy Binford 0 COMMENTS

Researchers report that the millennial generation now makes up the largest share of the U.S. workforce. To be sure, the baby boomer and Generation X contingents remain strong, but the sheer number of younger workers makes them a force to be reckoned with. Longtime workers may think their young colleagues have a lot to learn, but employers are finding the youngest workers also have a lot to teach.  Two Women Working At Computer In Contemporary Office

Flipped, or reverse, mentoring is one way employers can cash in on the wisdom their youngest workers bring to the workforce. Mary George Opperman, vice president and chief human resources officer at Cornell University, is scheduled to present a talk called “Reverse Mentoring: Building Meaningful Intergenerational Relationships in the Workplace” at the Business and Legal Resources THRIVE 2016 Annual Conference, scheduled for May 12-13 in Las Vegas.

read more…

Thin line between political and hate speech: What’s acceptable at work

April 17, 2016 - by: Diversity Insight 1 COMMENTS

by Holly K. Jones, J.D.

Picture it—it’s a Friday afternoon at the end of a very long week, and just as you are about to sneak out early for the weekend, one of your employees walks into your office wearing a camouflage trucker hat emblazoned with the words “Make America Great Again.” Oh perfect, you think to yourself, another Trump supporter. And before you can stop yourself, your (irrational and unproductive) irritation gets the best of you, and you find yourself remarking sarcastically, “Nice hat. Do you hate women, too?” The employee gives you a shocked look but leaves your office after getting an answer to an unrelated question, and as he walks away, you proudly tag Hillary Clinton in a tweet about how you stood up for women’s equality.  Dont Fight

A week later, you have to give the same employee a written warning for being late for the third time in the past two weeks, but when you ask him to sign the warning, he angrily accuses you of discriminating against him because he is a Republican and a Caucasian man. And he then files a complaint against you with HR.

read more…

How far will DOJ extend ADA’s Title II and Title III requirements?

by Monna Lea Bryant, Robert Sniffen, and Jeff Slanker

Retailers and businesses may soon need to begin preparing for a new public accommodations issue related to an altogether different kind of access barrier: websites. The U.S. Department of Justice (DOJ) is developing a plan to amend Titles II and III of the Americans with Disabilities Act (ADA) to require websites to become accessible to disabled users. The DOJ is concerned about the accessibility of websites operated by public entities, such as state and local governments, which are subject to Title II of the ADA, as well as those run by private-sector businesses actively involved in e-commerce, which may or may not be covered by Title III of the ADA. 

read more…

 Page 4 of 50  « First  ... « 2  3  4  5  6 » ...  Last »