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National Origin, Discrimination, and Employers—Oh, My!

HR Daily Advisor

Below is guidance on some of the more common national origin discrimination issues that may confront employers. What Is National Origin Discrimination? Discrimination is most often an intentional act, such as a failure to hire someone based on his race.

7 of the Biggest Business Risks in 2017 (Part One)


He’s appeared in state and federal trial and appellate courts in discrimination, harassment, retaliation, wrongful discharge, non-compete, trade secret, and contract litigation. The post 7 of the Biggest Business Risks in 2017 (Part One) appeared first on Talmetrix.

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That’s What No One Tells You About Hiring Women in 2017


Picture this: It’s 2017, but gender imbalances still occur in companies. To hire female talents in 2017, recruiting managers should also focus on providing the information about pay equity. But here’s the rub: The argument that women aren’t interested is no longer valid in 2017.

Religious Discrimination Hazards on the Rise

HR Daily Advisor

Religious discrimination hasn’t been a major concern for employers in recent years. Segal, a partner at Duane Morris, also noted that employers have experienced an increase in religious discrimination claims in recent years.

Can Employees Refuse a Pay Increase – Ask #HR Bartender

HR Bartender

Well, this reader note shows me that’s not always the case. He said that I need to speak with HR, who said they can’t take the pay increase back because it’s a law in Massachusetts and would look like the company is discriminating against me. There are other resources as well.

Your Guide to the Most Common HR Legal Documents


When it comes to drafting legal documents, it may feel like you should enroll in night law school or watch some Law & Order SVU to successfully handle the ever-changing tasks assigned to you. While both your company and its employees may take these documents for granted, you know there’s a lot of strategic thinking and work that goes into drafting them. A well-written handbook sets forth your expectations for your employees, and describes what they can expect from your company.

ADA: How to spot — and safely deny — unreasonable accommodation requests

HR Morning

To that end, the presentation highlighted the five essential steps of the interactive process, which include: Discuss the problem with the employee and, if necessary, obtain documentation. Document every step along the way.

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. By Steve Jones. The U.S.

Make Your HRIS Work for You!


The system will allow you to enter this information as well as copies of licenses and expiration dates. By monitoring areas such as attendance, learning and development, and employee reviews in the HRIS, the employer has a wealth of information and documentation for any future promotions or demotions. This information, if current, could save the employer from claims of discrimination and risk. Is my organization at risk for lack of documentation?

These EEOC wellness rules kick in Jan. 1: Are your plans ready?

HR Morning

1, 2017 may still seem pretty far off, but now’s the time to make sure you’ll be in compliance with the EEOC’s new wellness rules that kick in on New Year’s Day. Health and wellness plans tend to go hand in hand. wellness programs).

ISM Number Two: SexISM Replayed

OmegaHR Solutions

Though this is just one interpretation of the term it has been generally been taken to mean that women have had a history of being discriminated against in the workplace. However, the 20th century saw a number of laws passed that moved to lessen or eliminate the discrimination.

EEOC outlines 4 new approaches to fight workplace harassment

HR Morning

Well-trained investigators, who document all the steps they take. Discrimination & Harassment Employment Law Special Report checklists eeoc task force

‘Put on your big boy pants’: Takeaways from man’s retaliation suit

HR Morning

When a male employee in a predominantly female workforce voices a gender discrimination complaint, it’s probably not the best idea to tell him to “suck it up” and “put on your big boy pants.”

Tips for Avoiding Retaliation Claims

HR Daily Advisor

Or, what if an employee files a complaint with the Equal Employment Opportunity Commission (EEOC) alleging discrimination, but the EEOC also does not find any wrongdoing? For example, everyone involved should understand how to handle a harassment or discrimination claim.

6 common manager mistakes that can get your company sued

HR Morning

What do employment attorneys see as the common thread that lands well-meaning employers in court time and time again? Sloppy documentation. Managers’ documentation should never, ever seem subjective.

EEOC Issues New Rules on Employer Wellness Programs


Today, the federal Equal Employment Opportunity Commission (EEOC) issued final rules on how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to employer wellness programs that are part of a group health plan.

When Is an Employment Action Significant Enough to be Adverse?

HR Daily Advisor

A recent 3rd Circuit Court—which covers Delaware, New Jersey, and Pennsylvania—decision raises questions about when an employment action is significant enough to constitute an adverse action within the scope of state and federal discrimination laws.

FLSA Recordkeeping Requirements and the Lilly Ledbetter Fair Pay Act

HR Daily Advisor

Supplementary records—documents serving as the source documents for other payroll records maintained by an employer—must be preserved for at least 2 years. Compensation FLSA/Wages discrimination employer FLSA Lilly Ledbetter Act

Issues around accommodating pregnancy

OmegaHR Solutions

She said that employers need to be on top of coordinating with the FMLA, medical marijuana, wellness programs, and pregnancy under the ADA. Document that you had the discussion. Employers must be prepared to accommodate pregnant employees under the ADA standards.

6 top tips for preventing ageism in the workplace


The Age Discrimination in Employment Act (ADEA) protects individuals 40 and over from discrimination in any decision made during the full cycle of employment – including everything from hiring, termination, pay, job duties and beyond. Fifty years after its enactment, one in four discrimination claims are still related to ageism, according to the EEOC. Follow these tips to help prevent age discrimination in your organization.

The trend to ban salary history in the hiring process expands

OmegaHR Solutions

The ban on asking salary history questions is based on the premise that part of the reason for the disparity in salary between men and women is continued effects of past discrimination. The disparity is well documented but there is a major disagreement on the causes of such a pay gap.

Regulations written for big companies make life difficult for small companies

OmegaHR Solutions

The EEOC states in this guidance document: “Leadership, accountability, and strong harassment policies and complaint systems are essential components of a successful harassment prevention strategy, but only if employees are aware of them.

This one will get you to hire slow and fire fast to avoid retaliation claims

The Employer Handbook

As in faster than an employee can complain about discrimination to HR or to the EEOC. Caller: Well, you see Eric, we want to terminate the employment of [insert name of employee with 15 performance issues over 6 months; maybe 1 of which is actually documented]… waits for it.

The firing checklist every HR pro should use

HR Morning

If staff members have any company documents or property at home, arrange for a time to pick those up. Finally, ask workers if they’ve emailed any company documents to themselves, and, if so, ask them to delete them. Ask about discrimination.

Taming the Workplace Bully: 10 Signs Your Employees are Being Bullied

HR Daily Advisor

of KarenMichael PLC, a presenter at SHRM’s 2017 Annual Conference & Exposition in New Orleans. An employer’s investigation results should be balanced, taking into consideration the good work that the bully does as well as the damage the bully has inflicted on the workforce.

5 Strategies to Reduce the Risk of Workplace Violence Resulting from Termination

HR Daily Advisor

On the checklist, we should include items such as the substantive reason for termination and special risks to consider, including possible claims of discrimination or retaliation if there are any open investigations. Is the counseling documented? by Stuart Silverman.

CalChamber Status Update on Major Employment-Related Legislation


Gutted and amended March 20, 2017 to a different subject area. Pregnancy Discrimination. Opposition removed due to April 20, 2017 amendments. September 15 is the last day for the Legislature to pass bills to the Governor for consideration.

EEOC on Wellness Programs and EEO-1s

Ohio Employer's Law

The EEOC has posted webinar recordings of two significant new rules: Wellness and EEO-1 requirements. Wellness. On May 17, EEOC issued final rules that describe how Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act (GINA) apply to wellness programs offered by employers that request health information from employees and their family members. ADA EEOC genetic information discrimination

Are toxic employees ruining your workplace?


level skills in work avoidance, other team members may be overwhelmed and resentful for taking up the slacker’s, well, slack. HR may need to be part of these conversations to document what’s said and done should this behavior not improve or become more severe. Such extremists cause severe loss of productivity, high turnover, lost clients and charges of discrimination or harassment.

Another case of “bad” HR- Misusing medical information

OmegaHR Solutions

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits disability discrimination, including making pre-offer medical inquiries. If an accommodation is required there has to be a documented and interactive discussion around the request for an accommodation.

Learning from the Sterling Scandal


With the salacious details of the Sterling Jewelers pay-discrimination lawsuit still sickeningly fresh in our minds, many of us have been asking how such behavior — as alleged by 69,000 former employees — could happen at such a large company. On the matter of pay and promotion discrimination, the accusations are “not substantiated by the facts,” Signet Jewelers Limited, the parent of Sterling, said in a statement. Here is a look at what the documents revealed.

Ask the Expert: Must We Allow Employee’s Service Animal on Job Site?

HR Daily Advisor

Once you have documentation of the employee’s disability and need for accommodation, you can determine the appropriate accommodation for the employee. Question: We have an employee who is getting a service animal and wants to know our policy on it.

Many Harmful Bills Still Alive in State Legislature


AB 569 (Gonzalez Fletcher; D-San Diego) Pregnancy Discrimination. The end of the legislative year is just a few weeks away and the California Chamber of Commerce continues to fight numerous proposals that could hurt employers, the economy and the jobs climate in the state.

5 Steps to Help Employers Stay Compliant with the ADA

HR Daily Advisor

and Matt Morris, VP of FMLASource, ComPsych Corporation—both presenters at SHRM’s 2017 Annual Conference & Exposition in New Orleans. Farrell writes extensively on the topics of workplace discrimination, unlawful harassment, retaliation, and reasonable accommodation.

How Managerial Training Impacts Your Bottom Line


Your promoted employee can certainly mean well, but an inexperienced manager sets the stage for an inefficient workforce. Discrimination and harassment violations can destroy a company’s image (and profits) rapidly.

High Profile or Not, Sexual Harassment Claims Require Employer Action

HR Daily Advisor

Sexual harassment is unlawful under the Civil Rights Act of 1964, which prohibits discrimination and harassment based on sex as well as race, color, national origin, and religion. It should be detailed, thorough, and carefully documented,” Russell says.

Can you require an employee to take an HIV test?

The Employer Handbook

Well, what does it depend on? Well, duh. Parks to provide medical documentation to prove she was not HIV-positive, and then fired her when she failed to provide such documentation. The owner/manager then fired Parks when she did not provide the required documentation.

Illinois Court Takes Charge, Finds No Charge in Disability Case

HR Daily Advisor

A recent decision illustrates that not every document alleging discrimination filed with such an agency amounts to a “charge.”. Her CIS was filed well before the 300-day deadline had run. by Steven L. Brenneman.

How to Craft a Company Alcohol Policy


If you worry that not offering alcohol makes you a less competitive recruiter, don’t— a 2017 Namely survey found that U.S. workers valued benefits, time off, and other perks well ahead of company happy hours. If the individual takes legally-prescribed drugs or suffers from alcoholism, disciplining or firing employees can subject your company to a discrimination claim under the Americans with Disabilities Act (ADA).

3d Cir: Even where old folks are treated fairly, OLDER folks can bring age-bias claims

The Employer Handbook

Nor did PGW employ any written guidelines or policies, conduct any disparate-impact analysis, review prospective RIF terminees with counsel, or document why any particular employee was selected for inclusion in the RIF. You’ll have to pardon the headline.