Employers look to ‘culture of inclusiveness’ in era of expanding LGBT rights

September 17, 2017 0 COMMENTS

Inclusiveness, civility, respectful treatment: Those are all concepts getting a lot of attention as employers struggle to cope with what seems like an increasingly divisive culture often threatening to bleed over into the workplace.  Diversity Team Community Group of People Concept

A changing legal landscape also must be considered as employers strive for productive and nondiscriminatory working environments. For example, a landmark ruling from the 7th U.S. Circuit Court of Appeals recently concluded that sexual orientation is a protected category under Title VII of the Civil Rights Act of 1964. The Equal Employment Opportunity Commission (EEOC) also sees Title VII as encompassing sexual orientation and gender identity. Also, many state legislatures have passed laws prohibiting discrimination based on sexual orientation and gender identity.

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Stage is set for SCOTUS to rule on Title VII and sexual orientation

September 17, 2017 0 COMMENTS

by Ryan B. Frazier

Since the civil rights movement of the 1960s, state and federal laws have been enacted to prohibit employment discrimination against individuals on the basis of their race, ethnicity, age, disability, religion, and gender. Until recently, virtually none of those antidiscrimination laws covered employment discrimination based on sexual orientation or gender identity. Over the last decade, as issues related to sexual orientation and gender identity have moved to the forefront of social consciousness, several states and certain federal agencies, including the Equal Employment Opportunity Commission (EEOC), have started to recognize and address employment discrimination in that context.  Supreme Court

Recognition of discrimination based on sexual orientation and gender identity has not been universal. Federal law is not resolved on the issue, and recent federal circuit court rulings have further complicated things. This article focuses on the recent appellate court rulings and how they are changing the employment discrimination landscape under federal law.

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

August 20, 2017 0 COMMENTS

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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Dealing with hidden disability: Navigating protections for workers with addictions

June 18, 2017 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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EEOC maintains steady position on transgender employees’ rights

June 18, 2017 0 COMMENTS

by JW Furman

With all the attention given to President Donald Trump’s recent removal of the Obama administration’s protection for transgender bathroom access, it’s important to remember that the action applies only to public school students. For employers, the issue remains as unsettled as ever.  EEOC-jpg

There’s no reason to believe that the Equal Employment Opportunity Commission (EEOC) will soften its stand on any transgender issue unless it is required to by the president or the court. The EEOC is strongly committed to its enforcement of Title VII of the Civil Rights Act of 1964, which prohibits discrimination and harassment based on sex or gender. Its interpretation has long been that gender stereotyping and gender identity discrimination are prohibited by Title VII. With the support of President Barack Obama, the agency became more aggressive about advocating transgender issues, but its general philosophy and long-standing interpretation of Title VII didn’t change.

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Questions and answers on accommodating employees with mental disabilities

April 16, 2017 0 COMMENTS

by Jonathan R. Mook

The following article answers some common questions about the Equal Employment Opportunity Commission’s (EEOC) recently promulgated guidance on the Americans with Disabilities Act (ADA) and mental health conditions.

Q Why should employers review the EEOC’s mental health guidance?  Head with gears

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EEOC provides guidance on mental health conditions in the workplace

March 19, 2017 0 COMMENTS

by Howard Fetner

The Equal Employment Opportunity Commission (EEOC) recently issued a resource document explaining the rights of job applicants and employees with mental health conditions. The document explains that applicants and employees with mental health issues are protected from discrimination and harassment based on their conditions, may be entitled to reasonable accommodations, and have a right to privacy regarding their medical information.  EEOC-jpg

Background

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May we fire employee who doesn’t fit in?

February 19, 2017 2 COMMENTS

EEOC issues new guidelines on national origin discrimination

February 19, 2017 0 COMMENTS

by Saul Glazer

With the increase in terrorism and attention given to immigration- related complaints, there is commensurate potential for workplace conflict and harassment related to national origin. The Equal Employment Opportunity Commission (EEOC) recently issued new guidelines to help employers prevent national origin discrimination in the workplace. This article discusses national origin discrimination and highlights the key examples in the EEOC’s newly issued guidelinesEEOC-jpg

National origin discrimination defined

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Are rules for same-sex marriage about to change in Texas?

February 06, 2017 0 COMMENTS

by Jacob M. Monty

The Texas Supreme Court recently announced that it will review a case arguing that Texas employers shouldn’t be required to spend taxpayer funds to provide benefits to employee spouses in same-sex marriages, even if they do offer benefits to employee spouses in opposite-sex marriages. Depending on the outcome of the case, the ruling could lead to plenty of confusion over what Texas employers are required to do (and prohibited from doing) when it comes to employee benefits.  Justice is served

Background

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