The Pregnancy Discrimination Act: A Critical Step Towards Women’s Equality

Accurate Background

“It is illegal to discriminate on the basis of pregnancy or gender. Intertwined with this law is another closely related initiative enacted by the Equal Employment Opportunity Commission : The Pregnancy Discrimination Act (PDA). Pregnancy Discrimination & Harassment.

Discrimination in the Workplace: How to Handle Complaints


Over the past decade, the rise of social justice movements such as #MeToo and Black Lives Matter have opened discussions about day-to-day instances of discrimination and injustice across our lives. Discrimination in the workplace is a reality for millions of Americans.


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Terminated Problem Employee Points to Discrimination, Retaliation as True Motives

HR Daily Advisor

Alleged Discrimination and Retaliation. as a machinist in August 2008. Ted filed a lawsuit against Trane after the termination of his employment asserting claims of discriminatory discharge based on his disability under the New Jersey Law Against Discrimination (NJLAD), retaliation for making a workers’ compensation claim, and retaliation for requesting medical leave in violation of the Family and Medical Leave Act (FMLA). The U.S.

What is GINA? The federal discrimination law you need to know.

Business Management Daily

GINA, or the Genetic Information Nondiscrimination Act, outlaws genetic discrimination. GINA bars employers from discriminating against or harassing employees based on their genetic information. It prohibits genetic information employment discrimination. It also outlaws discrimination based on genetic information about the employee’s relatives. Genetic discrimination examples. This is genetic discrimination under GINA.

HR, Benefits, and Payroll Compliance Trends for 2021


To help you prepare, we’ve rounded up human resources, benefits, and payroll compliance trends to look out for in 2021. Examine: Discrimination risks, such as during hiring and performance management. Benefits Compliance Coronavirus SMB Trends

Enterprise Rent-A-Car Ordered to Pay $6.6M in OFCCP Race Discrimination in Hiring Case

DCI Consulting

in back pay and to extend job offers to 182 class members after being found in violation of Executive Order 11246 for discriminating against African Americans. Enterprise , 2019 ) stemmed from a 2008 Office of Federal Contract Compliance Programs (OFCCP) review of Enterprise’s hiring process for management trainees at its Linthicum, Maryland facility.

Disability Discrimination: Terminated Cancer Survivor’s ADA Claim Fails, Part 1

HR Daily Advisor

8th Circuit Court of Appeals (which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) recently affirmed a district court’s ruling that an employee failed to establish a case of disability discrimination and retaliation. From roughly 2005 to 2008, she often took medical leave for medical appointments. In April 2008, Willow wanted to apply for a promotion to operations lead. By Steve Jones. The U.S.

Is Minor ‘Offensive’ Conduct Enough to Prove Hostile Environment?

HR Daily Advisor

6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a case from a female doctor asserting gender discrimination, hostile work environment, and retaliation citing a manager’s comments as “offensive.”. In addition to teaching and performing administrative duties beginning in 2008, Albright was responsible for the college’s student and employee health services. The U.S.

HR 101: The ABCs of EEO and Civil Rights


Each Title prohibits discrimination in various areas of American life: Voting rights. Title VII prohibits discrimination in employment. Simple language throughout the law bans discrimination in any form based on race, color, religion, sex, or national origin. Compliance

9 Epic Laws That Shaped the American Workforce: What every employer needs to know

Accurate Background

The bill was among the first laws in American history aimed at reducing gender discrimination in the workplace, making it illegal to pay different salaries for similar work. The Age Discrimination Act of 1967 – effective June 12, 1968. Compliance

The Genetic Information Nondiscrimination Act: What Is Protected Under GINA?

Accurate Background

However, thanks to The Genetic Information Nondiscrimination Act of 2008 (GINA), those concerns should be alleviated. Title I of GINA prohibits health insurers from discrimination based on the genetic information of enrollees. Compliance Industry Topics

Refusal to Undergo Medical Exam Tanks Michigan Worker’s ADA Claim

HR Daily Advisor

In 2007 and 2008, he alleged that a coworker made disparaging comments about his national origin (Mexican) and complained to his union chairman and supervisor. He was reprimanded twice in early 2008 for failing to carry out his job duties. Sam was cleared by his doctors and returned to work on March 25, 2008. Sam took medical leave again in July 2013, claiming he was experiencing stress caused by discrimination and retaliation at work. The U.S.

ADA: Court Rules that Deceased Employee’s Estate May Sue for Compensatory Damages

HR Daily Advisor

8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently reversed an Arkansas district court’s dismissal of a discrimination claim brought under the Americans with Disabilities Act (ADA) by a deceased employee’s estate. in 2008. Guenther filed a timely charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The U.S.

Handling Invisible Disabilities in the Workplace


But the law is an important element to understand because that’s where compliance and discrimination issues arise. ADA laws not only outline what is legally considered to be a disability in the United States, but they also prohibit discrimination against people with disabilities.

Workplace Retaliation: What It Is, and Why You Should Avoid It


Equal Employment Opportunity (EEO) laws forbid employers from discriminating against employees for exercising their employment rights. Informing their manager about employment discrimination, including harassment. Refusing to adhere to orders that would lead to discrimination.

Five Millennial Background Screening Challenges


Information about religious affiliation, national origin, sexual orientation, marital status or health condition may all be prohibited under anti-discrimination laws. Digital Natives And Age Discrimination. Millennials are not direct targets for age discrimination. But the hiring criteria you use to attract Millennials might be at the expense of people protected by the Age Discrimination in Employment Act (ADEA) and similar state laws.

GINA: The Protected Class You Don’t Know About


Employees are protected from workplace discrimination and harassment on the basis of many “protected classes.” As technology advanced in sequencing the human genome, lawmakers in 2008 foresaw instances where genetic information could become a basis for discrimination.

5 Legal Lessons to Consider When Handling Millennial Background Checks

TLNT: The Business of HR

Information about a candidate’s religious affiliation, national origin, sexual orientation, marital status or health condition may all be prohibited under state and federal anti-discrimination laws. Employers need to make sure that any social media screening is done by those who are familiar with the legal risks — particularly anti-discrimination and privacy laws. Digital Natives and age discrimination.

Federal Appeals Court Holds Transgender Employees are Protected Under Title VII

HR Daily Advisor

After all, they reason, history informs us that “sex” was inserted into Title VII of the Civil Rights Act of 1964 to defeat the effort to make race discrimination unlawful. The Court held that was discrimination based on sex. falls squarely within the ambit of sex-based discrimination that Price Waterhouse . The appeals court relied on a case from 2008 (the law develops slowly, but develop it does) that dealt with an identical situation.

3 Steps to Protect Information While Leveraging Social Media

HR Daily Advisor

The number of companies maintaining a corporate presence on social media rose from 34% in 2008 to 77% in 2013 according to SHRM Survey Findings: Social Networking Website and Recruiting/Selection. He also warned that social media use by employees may result unexpected liabilities such as the loss of intellectual property and trade secrets, claims of defamation, security breaches, privacy issues, and discrimination or harassment complaints.

FMLA Retaliation: Employment Action Must Cause Actual Harm, Court Rules

HR Daily Advisor

After clarifying the standard applicable to adverse actions in retaliation claims (as opposed to discrimination claims), the court rejected her allegations, noting that there must be actual harm caused by the adverse actions. By 2008, she had progressed to the position of assistant director of female services. Leave Policy/Compliance Leave Management retaliationBy Martin J. Regimbal , JD, The Kullman Firm. In a recent decision, the U.S.

EEO: Everything you need to know to be an equal opportunity employer


Employers are prohibited from discriminating against existing or potential employees based on protected characteristics, including: Race / color. It’s also illegal to discriminate against people who have complained about discrimination. The Age Discrimination in Employment Act of 1967 (ADEA). The Genetic Information Nondiscrimination Act of 2008 (GINA). You will also have a detailed compliance (EEO) report at hand.

Is Extra FMLA Leave an ADA Accommodation?

HR Daily Advisor

8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently affirmed an Arkansas district court’s ruling that the termination of a juvenile detention officer didn’t amount to discrimination under the Americans with Disabilities Act (ADA) or retaliation under the ADA, the Arkansas Civil Rights Act (ACRA), or the Family and Medical Leave Act (FMLA). By Steve Jones , JD, Jack Nelson Jones & Bryant, P.A.

ADA and FMLA Best Practices Pay Off for Cash-Handling Company

HR Daily Advisor

Melissa” began working as an armored truck driver and guard for Loomis Armored US, LLC, in 2008. Melissa claimed that in late 2008, she suffered a seizure or fainting spell while she was driving an armored truck. Ten months later, Melissa filed a lawsuit alleging Loomis had discriminated against her because of her disability or because it regarded her as disabled, failed to provide her a reasonable accommodation, and interfered with her FMLA rights. by Martin J. Regimbal.

Mixed Interpretations of Mach Mining Decision


In the case, Mach Mining was accused by the EEOC of discriminating against women who applied for jobs at its Johnson City, Ill., The EEOC filed suit in 2008 after an unsuccessful job applicant complained to the agency that the company never hired a female miner. ” Meanwhile, in this posting , the EEOC calls the decision a “step forward for victims of discrimination” in its rejection of the “intrusive review proposed by the company and its supporters.”

Six Months on Capitol Hill: 2021’s Impacts on HR

Astron Solutions

Between navigating through a global pandemic and a tense presidential campaign/election season, 2021 has led to a number of legislative changes for employers’ compliance efforts. Another topic in DEI is the pay gap / pay discrimination.

Coordinating FMLA with the Americans with Disabilities Act, Part 1

HR Daily Advisor

The ADA prohibits discrimination against a qualified individual with a disability. The ADA Amendments Act of 2008 (ADAAA) dramatically expanded the ADA’s protections to individuals with disabilities. ADA & Disabilities Leave Management, Policy, and Compliance accommodation ADAAA disability Leave Management

Happy 30th Birthday to the Americans with Disabilities Act

The Employer Handbook

Title I of the ADA makes it unlawful to discriminate in employment against “qualified individuals with disabilities,” or against other individuals because of a known association or relationship with a disabled individual. On September 25, 2008, President George W.

Illinois law regulating use of AI in hiring goes into effect


The proposed law would require users of AI and similar platforms to audit them for their impact on accuracy, fairness, bias, discrimination, privacy, and security and correct any issues. The Office of Federal Contract Compliance Programs (OFCCP), an agency within the U.S. Compliance

What is the E-RACE Initiative?

HR Daily Advisor

Title VII of the Civil Rights Act prohibits discrimination based on race and color (among other things), but complaints of discrimination are on the rise, and the Equal Employment Opportunity Commission (EEOC) has been taking action to track the root causes of this discrimination and has begun to do more about it. Back in 2008, the EEOC put forth the E-RACE Initiative, which stands for Eradicating Racism and Colorism from Employment.

Mental Health in the Workplace: 5 Ways Employers Can Make a Difference


And while bosses may want to be supportive, often it may feel safer to ignore the topic rather than risk uncomfortable conversations or—worse—compliance issues. Avoid Discriminating Against Mentally Ill Employees. The effect of mental health on workers—and the workplace—is staggering.

What Is GINA?

HR Daily Advisor

GINA stands for the Genetic Information Nondiscrimination Act of 2008, and it’s enforced by the Equal Employment Opportunity Commission (EEOC). It strives to protect individuals from discrimination based on genetic information. Tips for Employers to Stay in Compliance with GINA. In practical terms, here are some tips for employers to stay in compliance with GINA: Keep any employee medical information separate from the rest of the employee file.

My Take: Macroeconomic uncertainty makes a return thanks to the coronavirus


Glassdoor’s anonymous review site was first launching in 2008 and didn’t have the influence on employer reputations it has today. Make sure you’re in compliance with the law. It has been awhile since the economy has faced any serious adversity.

Interactive Process Requires More Than Just Lip Service, But When is Enough Enough?

HR Daily Advisor

The Americans with Disabilities Act (ADA) and similar state laws prohibit discriminating against a qualified employee or job applicant on the basis of an actual or perceived disability. Before 2008, Northern’s safety policy required employees facing certain hazardous work conditions to wear “safety-toe footwear” that met the requirements of the American National Standards Institute’s standard Z41.

Hot Topics in Employment Law


Wage & hour violations, family leave, discrimination, harassment – these topics continue to generate conversation throughout workplaces across the country. For that reason, it’s important for supervisors and managers to understand the basics of employment laws and regulations to maintain proper compliance. If an employer violates the worker’s right through discrimination or harassment, the employee can sue for damages. Age Discrimination in Employment Act (ADEA).

Breast Cancer and the ADA: Knowing Your Rights to Employment Protection

General Information Services

The Americans with Disabilities Act (ADA) provides certain safeguards for those in positions that make them vulnerable to discrimination in the workplace due to disability, on in the case of breast cancer, severe illness. The ADA (with the inclusion of the 2008 Americans with Disabilities Act Amendments Act or ADAAA) specifies that employers must provide reasonable accommodations for affected employees.

Employer Breastfeeding Laws by State


2008) require an employer to provide reasonable break time for an employee to express breast milk for her nursing child for up to two years after the child's birth. 2008 Colo., Discrimination in Employment. 2008 Ind. The employer may not discriminate against an employee who chooses to express breast milk in the workplace. 1 § 71-1-55 (2006) prohibits against discrimination towards breastfeeding mothers who use lawful break time to express milk. 2008 Vt.

Why I’m a management-side lawyer

Ohio Employer's Law

Today, I look all the way back to April 15, 2008, for one of these reruns, to answer the question—. In a perfect world, discrimination, retaliation, and harassment wouldn’t exist. I say that mistakes can be legal or interpersonal because lawsuits don’t necessarily happen because an employee was discriminated against. Every now and again it’s worth pulling a post out of the archives for a rerun.

British Industries Don’t Have Enough Gender Inclusivity

Thrive Global

The Equality Act 2010 was created for businesses to follow a minimum standard in terms of diversity, however, a genuine plan for diversity goes way beyond legal compliance and strives to achieve a workforce that truly represents diversity in the world.

What is the Key to Employee Retention?

Abel HR

million Americans quit their job EACH MONTH in 2008—marking the highest rate of turnover since the oh-so-fun recession of 2001, according to a recent report from the National Bureau of Labor Statistics. We’re also able to offer federal and state-mandated training, including sexual harassment and discrimination rules, workplace safety and compliance regulations, and even crucial employment law updates. A staggering 3.5