Telecommuting Discrimination – Ask #HR Bartender

HR Bartender

We’ve talked before about telecommuting and about discriminating against parents , but never together. Is this considered discrimination in the workplace? By definition, telecommuting is when an employee works from home.

Legal Issues in AI: Bias and Discrimination

HR Examiner

Bias and discrimination are often used interchangeably. But this example is a research question, not discrimination. Discrimination is a legal term that means making an employment decision that adversely affects an individual or group in a protected class.

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New California FEHA Regulations ‘Clarify’ Definition of Employer


In June 2019, the Fair Employment and Housing Council (FEHC) approved new regulations, which primarily seek to “clarify” the definition of employer that will determine when to apply the FEHA including the FEHA’s harassment prevention training requirements. Definition of Employer.

Expanded definition of sexual harassment may be wave of future

Business Management Daily

The post Expanded definition of sexual harassment may be wave of future appeared first on Business Management Daily. Centerpiece Discrimination and HarassmentLaws recently enacted by the state of New York may signal a new standard for deciding what constitutes sexual harassment.

The Definition of "Voluntary" Wellness Programs Is Changing—Here's How to Adapt

Cornerstone On Demand

The verdict of a recent federal lawsuit is changing the definition of voluntary wellness programs, and your company's offering may have to evolve to comply with the new regulation. EEOC that the Equal Employment Opportunity Commission must rewrite its definition of “voluntary" wellness program to fall in line with the standard dictionary definition. This approach complies with the new definition of strictly "voluntary" wellness programs, and doesn't push the envelope.

What Is the Definition of Back Pay?


Back pay for discrimination or wrongful termination. This can happen, for example, if an employee proves in court that you discriminated against them when you denied them a promotion. Bookmark( 0 ) Please login to bookmark The post What Is the Definition of Back Pay?

Supreme Court cases focus on Title VII sex discrimination expansion

Business Management Daily

On October 8 it will hear three cases that test the limits of Title VII’s sex discrimination clause. The justices will consider whether sexual orientation and transgender discrimination are illegal sex discrimination under Title VII. What is sex discrimination?

Coordinating FMLA with Discrimination Laws

HR Daily Advisor

Here, we’ll look at how to coordinate the FMLA with discrimination laws. Pregnancy Discrimination. The federal Pregnancy Discrimination Act (PDA) applies to employers that have at least 15 employees. Genetic Discrimination.

EEOC Ruling on Sexual Orientation Discrimination

HR Daily Advisor

Supreme Court decision making same-sex marriage bans illegal across the country, many people have raised the question of discrimination. It may be legal for same-sex couples to marry, but it’s still also seemingly legal in many areas for businesses to discriminate based on sexual orientation.

Does sex discrimination protection extend to everyone?

OmegaHR Solutions

One of the provisions of that law was protection from discrimination on the basis of your sex, meaning at that time that it was illegal to discriminate against a woman on the basis that she was a woman. The Department of Justice now says sexual orientation is protected.

Is “overqualified” code for age discrimination?

The Employer Handbook

“Overqualified” Is Just Another Word For Age Discrimination. His post from last Friday, “ ‘Overqualified’ Is Just Another Word For Age Discriminationdefinitely caught my attention. Image Credit: ([link].

Iowa Court Decision Blurs Definition of Disability in Workers’ Comp Cases

HR Daily Advisor

Iowa Department of Natural Resources , effectively dismantled the definition of “disability” for disability discrimination claims. The jury returned a verdict in excess of $600,000, finding illegal disability discrimination.

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. GINA definition. It prohibits genetic information employment discrimination.

EEOC Ruling on Sexual Orientation Discrimination

HR Daily Advisor

Supreme Court decision making same-sex marriage bans illegal across the country, many people have raised the question of discrimination. It may be legal for same-sex couples to marry, but it’s still also seemingly legal in many areas for businesses to discriminate based on sexual orientation.

This Employee Beat Dress Code Discrimination With Cosplay


When Dress Codes Discriminate. Unequal dress code policy enforcement is one of the less subtle ways that employment discrimination manifests, but it can be difficult to fight without very clear documentation and supporting evidence.

Auto Dealer to Pay $125,000 for Disability Discrimination Lawsuit

Pollack Peacebuilding

Titus-Will’s actions are in definite violation of the Americans with Disabilities Act (ADA), which prohibits an employee’s disability being a reason they are discriminated against, or perceived to be discriminated against, in any way. .

Forced Pagan Ritual Ends in Discrimination Lawsuit for Virginia Employer

HR Daily Advisor

Whether you believe in demon possession or not, one thing is certain: The task is definitely not something for HR professionals! The post Forced Pagan Ritual Ends in Discrimination Lawsuit for Virginia Employer appeared first on HR Daily Advisor.

Trump flip-flops on LGBTQ workplace discrimination

Ohio Employer's Law

Yesterday, Trump’s White House announced that it will urge the 2nd Circuit Court of Appeals to rule that Title VII does not ban discrimination against gay employees. The court will decide whether, in that Circuit, Title VII’s definition of “sex” includes LGBTQ individuals.

New Jersey Harassment Case Ruling Leads to New Definition of ‘Supervisor’ and Other Surprises

HR Daily Advisor

She then filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). The board retained an outside law firm to investigate, and the firm found no sexual harassment or discrimination. The U.S.

California Moves to Amend Discrimination and Harassment Regulations


FEHA prohibits harassment and discrimination based on protected classes. The proposed amendments to FEHA cover a wide range of topics, including: An employer’s duty to create a workplace free of harassment and discrimination, including a rule that would allow the Department of Fair Employment and Housing to obtain “non-monetary preventative remedies” against an employer, even if there is no evidence of underlying discrimination or harassment.

Is sexual orientation discrimination prohibited by Civil Rights Act? Supreme Court says …

HR Morning

Several courts have been dealing with sexual orientation discrimination cases differently, and many were looking to the Supreme Court for a definitive answer. Ultimately, the Eleventh Circuit held that the Civil Rights Act does not prohibit sexual orientation discrimination.

California aims to prevent marijuana-use discrimination: Start of a trend?

HR Morning

If this bill passes, medical marijuana users in California will be classified as a protected class and employers will be unable to discriminate against them because of their marijuana usage.

ADA Bias Claim Upended by Kentucky Law’s Definition of ‘Disability’

HR Daily Advisor

Employees assert discrimination claims under the (KCRA) rather than federal law in an attempt to avoid federal court. However, that strategy comes with a price in disability discrimination claims. By Jennifer Asbrock, JD, Frost Brown Todd LLC.

Disability Discrimination: Kentucky Court Reinstates Fired Worker’s Case

HR Daily Advisor

The court found an employee’s complaint contained sufficient allegations of discrimination based on her disability and her use of medical leave to move forward toward trial. The court disagreed and reinstated Allison’s disability discrimination claims.

Confessions of a Reluctant Feminist: My Role In Perpetuating Workplace Discrimination

Inpower Coaching

We need to figure out how to fight the kind of workplace discrimination that creates cultural uniformity in our businesses for two reasons. We have to learn to see discrimination and speak about it in very specific ways to keep from perpetuating it.

EEOC Commissioner Feldblum responds to my post about transgender discrimination

The Employer Handbook

Last Friday, I posted here about a recent federal-court decision addressing the sex discrimination claims of a transgender employee. Sex stereotyping definitely violates Title VII. You’re right, Commissioner Feldblum. Social media is awesome!

Job Seekers: Fight Age Discrimination by Refusing to be a Luddite

Thrive Global

As history goes, a gent named Ned Lud (perhaps a mythological character) led a rebellion (this was definitely real) against technology during England’s Industrial Revolution. Bigger picture, there is definitely an awareness all j ob seekers must possess for future workplace preparedness.

Will There Be Over 90,000 Discrimination Charges Filed In 2017?


Equal Employment Opportunity Commission (EEOC) recently released the 2016 statistics for discrimination and harassment cases filed for the year, showing an increase for the second consecutive year. Discrimination charges were filed in 91,503 cases (29% being sex based claims). The U.S.

What’s the Definition of a Highly Compensated Employee?


It’s important for HR professionals to understand the definition of a highly compensated employee for tax reasons, benefits, and legal purposes. The definition states that it’s an employee who meets one of the following scenarios: He or she owns 5 percent of the company providing the benefits plan. What’s the definition of a highly compensated employee in 2019? Have more questions about the definition of a highly compensated employee or nondiscrimination tests?

Gender Identity and Discrimination: Not So Clear Under the Law

HR Daily Advisor

In today’s Advisor , we’ll hear from Joan Farrell, JD, senior legal editor, on the tricky laws involving gender identity and sexual orientation discrimination. Examples of Discrimination or Harassment. By Joan Farrell, JD, Senior Legal Editor at BLR ®.

Is hiring for “digital natives” age discrimination?

Ohio Employer's Law

According to the Fortune article, some employment attorneys believe that the “trend” towards digital natives is “troubling” and “a veiled form of age discrimination.” I think older individuals could definitely argue ‘digital native’ requirements are just a pretext for age discrimination.” I’m 42 years old, more tech savvy than most, and, by any definition, a digital native. age discrimination technology

Which Non-Discrimination Policies to Include in an Employee Handbook


They also make it easier for you and your management team to prevent discrimination and the complaints that may result. Written non-discrimination rules might also limit your liability in the event of a complaint, as you will have a record of your efforts to prevent discrimination. If you’re wondering which non-discrimination policies to include in an employee handbook, we’ve got you covered. Types of Non-discrimination Policies to Include in an Employee Handbook.

Microsoft May Not Have a Toxic Workplace (but It’s Definitely Not Healthy)

Evil HR Lady

Microsoft spends around $55 million dollars per year on diversity and inclusion effort s, but that hasn’t stopped complaints of gender discrimination and sexual harassment. These show that out of the 8000 similarly situated women, 238 complaints of gender discrimination and harassment had been filed between 2010 and 2016. Interestingly, 118 of those were gender discrimination claims and the company only considered one to be based in fact.

11th circuit decision on dreadlocks and race asks big questions on the meaning of discrimination

Ohio Employer's Law

Catastrophe Management Solutions [pdf] , the EEOC asked the 11th Circuit to determine whether banning an African-American employee from wearing dreadlocks constitutes race discrimination. race discriminationIn EEOC v.

Discrimination. It ain’t rocket science. Well, except when it is.

The Employer Handbook

Yes, even NASA gets sued for discrimination from time to time. First, a plaintiff must establish a prima facie case of discrimination by demonstrating that (1) he is a member of a protected group, (2) he applied for the position in question, (3) he was qualified for the job, and (4) the defendant acted (here, by rejecting his application) under circumstances giving rise to an inference of unlawful discrimination.