With Trump win, many employment initiatives in question

November 09, 2016 0 COMMENTS

Recent employment initiatives undertaken by the Obama administration could be in jeopardy under Donald Trump’s presidency, but employers still need to comply with those laws and regulations for now, says one expert.

“In general, things are going to be pretty unpredictable,” said Connor Beatty, an associate with Brann & Isaacson  in Maine and editor of Maine Employment Law Letter. Not only has Trump never held public office, but he’s also changed his position on issues several times, Beatty said.

read more…

Transgender bathroom case makes it to Supreme Court

November 02, 2016 0 COMMENTS

by Rachael L. Loughlin

On October 28, 2016, the Supreme Court granted the request of the School Board of Gloucester County to consider whether the Court should overturn a decision of the Fourth Circuit Court of Appeals. The Fourth Circuit ordered the School Board to allow Gavin Grimm, who was born female but identifies as male, to use the boys’ restroom during his senior year of high school.

By now, most HR professionals are aware of the ongoing debate as to what restrooms should be available to transgender individuals. Though individual cases are popping up all over the country, none has captured public attention like the case of transgender Gloucester High School student, Gavin Grimm. Grimm is being represented by the American Civil Liberties Union (ACLU), and his lawsuit contends that the School Board’s restroom policy requiring students to use the restroom matching their physical gender, is discriminatory and violates Title IX of the federal education code, which prohibits discrimination on the basis of sex.

read more…

Obama’s Supreme Court nominee may not be a friend to employers

March 16, 2016 0 COMMENTS

On March 16, President Barack Obama announced his nominee for the U.S. Supreme Court vacancy left by the passing of Justice Antonin Scalia. Obama’s nominee, Judge Merrick Garland, was appointed to the U.S. Court of Appeals for the District of Columbia Circuit in 1997 and has served as chief judge since 2013.

Battle lines over when confirmation hearings will be held were immediately drawn between Obama and Senate Republicans. If the nomination is considered by the Senate before the end of Obama’s second term, employers may be interested in understanding where Garland will likely come out on employment-related issues.

read more…

Employers need to examine policies, laws in light of SCOTUS same-sex marriage ruling

June 26, 2015 2 COMMENTS

The U.S. Supreme Court’s June 26 ruling in favor of same-sex marriage means employers across the country need to take a look at their policies as well as the effect the ruling has on various laws dealing with employment.Pride flag at city hall

The Court’s 5-4 ruling in Obergefell v. Hodges struck down prohibitions on gay marriage in states covered by the U.S. 6th Circuit Court of Appeals—Kentucky, Michigan, Ohio, and Tennessee. But it has the effect of legalizing same-sex marriage nationwide.

read more…

Supreme Court sides with EEOC in religious discrimination case

June 01, 2015 0 COMMENTS

A ruling in a closely watched religious discrimination case means employers may be liable for discrimination if they base employment decisions on an applicant’s suspected religious practices even in situations, such as the one in this case, in which the applicant hasn’t directly disclosed a need for a religious accommodation.

On June 1, the U.S. Supreme Court issued an opinion in EEOC v. Abercrombie & Fitch Stores, Inc., a case involving Samantha Elauf, a young Muslim woman who interviewed for a job in an Abercrombie store in Oklahoma in 2008. During the interview, she wore a head scarf as part of her Muslim faith. At the time, Abercrombie had a “look policy” prohibiting head coverings.

read more…

Supreme Court allows judicial review of EEOC conciliation efforts

April 30, 2015 0 COMMENTS

The U.S. Supreme Court has handed employers at least a small victory by unanimously ruling that courts are allowed to review the Equal Employment Opportunity Commission’s (EEOC) conciliation efforts in discrimination cases.

On April 29, the Court imposed moderate standards for the conciliation efforts the EEOC is required to make before it files a lawsuit against an employer accused of unlawful discrimination.

read more…

Supreme Court clarifies employer obligations related to pregnant workers

March 25, 2015 2 COMMENTS

The U.S. Supreme Court ruling in Young v. United Parcel Service means employers need to think twice before treating pregnant employees under job restrictions differently than they treat nonpregnant employees who are similarly unable to perform their jobs temporarily.

In a 6-3 ruling handed down March 25, the Court reached for middle ground between interpretations of the Pregnancy Discrimination Act (PDA) offered by both parties as well as the Equal Employment Opportunity Commission (EEOC). By sending the case back to the lower court, the justices revived the employee’s claim that her treatment violated the PDA.

read more…

Supreme Court decision gives agencies more leeway on rule interpretations

March 09, 2015 0 COMMENTS

A U.S. Supreme Court ruling handing the U.S. Department of Labor (DOL) a victory on how it can issue interpretations of its rules has major implications for employers, according to Judith E. Kramer, an attorney with Fortney & Scott, LLC, in Washington, D.C., and an editor of Federal Employment Law Insider.

The Court’s March 9 decision in Perez v. Mortgage Bankers Association means the DOL’s most recent interpretation that mortgage loan officers are eligible for overtime is valid. “The long-term impact of the Court’s decision, however, is much more significant for employers and, more broadly, for any person or entity subject to regulation by federal administrative agencies,” Kramer said.

read more…

New rule extends FMLA rights to more employees in same-sex marriages

February 24, 2015 0 COMMENTS

More employees in same-sex marriages will be able to take leave under the federal Family and Medical Leave Act (FMLA) as a result of a new rule taking effect March 27. And while employers in states that recognize same-sex marriage already have been operating under a definition of spouse that includes legally married same-sex partners, employers in other states will need to change their practices.

The U.S. Department of Labor (DOL) issued a final rule that was published in the Federal Register on February 25 that revises the definition of spouse under the law so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member regardless of whether they live in a state that recognizes same-sex marriage, according to the DOL’s explanation of the new rule.

read more…

Get ready for Supreme Court ruling on same-sex marriage

January 20, 2015 1 COMMENTS

by Tammy Binford

Now that the U.S. Supreme Court has decided to take up the issue of same-sex marriage, employers are weighing the impact a ruling will have.

On January 16, the Court announced that it would consider four cases from each of the states in the U.S. 6th Circuit Court of Appeals—Michigan, Ohio, Kentucky, and Tennessee. On November 6, a three-judge panel of the 6th Circuit issued a decision that allowed state bans on same-sex marriage to stand. That decision was at odds with rulings from other circuit courts of appeal that had struck down similar bans.

After the 6th Circuit’s decision, many predicted that the split in decisions from different circuits would prompt the Supreme Court to take up the issue even though it declined to hear a same-sex marriage case before its term began in October. Now that it has decided to take up the issue after all, it is expected to hear arguments in April and issue a decision by the end of its term in June.

read more…

 Page 1 of 5  1  2  3  4  5 »