Employment laws to watch in 2019

Insperity

Employment law is ever-evolving, and 2019 is shaping up to usher in its fair share of changes. Employment laws tend to come in waves, with particular themes for each era. A patchwork of state and federal laws was eventually replaced when Congress set minimum age requirements with the Fair Labor Standards Act in 1938. Today’s employment laws tend to be driven by perceptions of what’s fair to workers. Diversity.

Workplace lactation discrimination laws are expanding: Stay compliant

HR Morning

A recent lactation discrimination case in Delaware resulted in a $1 million jury award to a mother who sued when harassment from co-workers and supervisors caused her to stop pumping breast milk and subsequently lose her supply. . Research shows continued discrimination in the workplace.

Thoughts on Discrimination

HR Examiner

In honor of Martin Luther King Day, here is the Diversity series we did this in year’s past. The key to diversity is to put down your fear and assumptions long enough to get curious. ” Diversity: Voices of Discrimination “Atticus, he was real nice.

Tis the Season for Employment Law Compliance

Tandem HR

With all of the upcoming holidays, employers may be wondering if they are legally obligated to offer employees paid time off for any of them. Workplace diversity is a hot topic. Is there an employment law compliance or any obligations regarding cultural holidays and religious beliefs?

AI is not a Quick-Fix Solution for Discrimination

HRExecutive

However, the emergence of AI has sparked a fascinating and important debate: Do machines making decisions that were once made by humans reduce or even eliminate discrimination—or can they actually increase bias?

Disability discrimination: what does case law tell us?

cipHR

Arwen Makin, senior solicitor at ESP Law, reviews case law related to ‘long term’ disabilities, the impact of disability on conduct and long-term disability benefits. Employers are, quite rightly, wary of dealing with such misconduct.

Diversity in the workplace: Make sure your efforts are lawful

Business Management Daily

How to create a voluntary affirmative action policy that doesn't stray too far from certain employment laws. The post Diversity in the workplace: Make sure your efforts are lawful appeared first on Business Management Daily. Centerpiece Discrimination and Harassment Employment Law Hiring Human Resources

Sessions Memo Changes DOJ Position on Transgender Discrimination

HR Daily Advisor

Attorney General Jeff Sessions’ announcement changing his department’s position on transgender employment discrimination marks a change in the legal landscape, but it doesn’t alter employer obligations under various state and local laws or the position taken by other federal agencies.

Recruiting Within the Boundaries of Equal Opportunity Employment Law

Hospital Recruiting

However, there is a very thin line between having a mental image of who is a perfect fit for the job and outright discrimination. The federal rules to prevent hiring discrimination are known as the Federal Equal Employment Opportunity (EEO) Laws in which the U.S.

Religious Discrimination Hazards on the Rise

HR Daily Advisor

Religious discrimination hasn’t been a major concern for employers in recent years. There’s little case law on the subject and religious-based complaints rank low in the government’s charge statistics. Equal Employment Opportunity Commission’s charge receipts.

EEOC Issues Enforcement Guidance On National Origin Discrimination

HR Daily Advisor

The Equal Employment Opportunity Commission’s (EEOC’s) recently released enforcement guidance on national origin discrimination covers issues related to employment decisions, harassment, and language issues. Employment Decisions.

Compliance Checklist: Federal Employment Laws You Need To Know At Every Stage Of Your Company’s Growth

Zenefits

Here’s a quick checklist of some major federal laws you’ll need to tackle at different employee thresholds in your growth. Employers must properly classify and pay employees a corresponding minimum wage, while following overtime and child labor standards. Employers may only hire those who can legally work in the United States and must maintain up-to-date I-9 forms for all employees. Employment Retirement Income Security Act (ERISA) , via DoL.

Making Social Media Work for You—Not Against You—in Recruiting for Diversity

HR Daily Advisor

Achieving a diverse workforce and learning how to use social media to recruit talent are two common goals for employers. Gone are the days when employers would specify an age, gender, or other characteristic in a newspaper help-wanted ad.

When Is a Discrimination Complaint against a Manager an Act of Harassment?

HR Daily Advisor

What if a manager accused of unlawful discrimination based on employees’ religion asserts that the complaint itself is an act of harassment? See how one employer successfully avoided that minefield. My Manager Discriminates Based on Religion.

Hair discrimination; not a thing

Ohio Employer's Law

Friday’s tongue in check post about the beauty of baldness got me thinking about hair and employment law. Or, more to the point, can an employer run afoul of discrimination laws by making an employment decision based on one’s hairstyle?

Immigration, Travel Ban Debates Put Focus on National Origin Discrimination

HR Daily Advisor

employers need to be on notice of the dangers of national origin discrimination. Monty , an attorney with Monty & Ramirez LLP in Houston, Texas, points to a recent case in which the Equal Employment Opportunity Commission brought a suit against Halliburton Energy Services, Inc.

Tampering with Certainty

HR Examiner

Then there is discrimination against others because of who they are or what they look like. Not all discrimination is illegal. Illegal discrimination generally applies to decisions involving employment, housing, and some kinds of business relationships.

Brett Kavanaugh: How Will LGBTQ-Based Antidiscrimination Policies Fare?

HR Daily Advisor

I recently sat down with Mark Phillis, an attorney at Littler Mendelson, to discuss some of the fears that the LGBTQ community has about the future of workplace discrimination laws. The Discrimination Concern. Many organizations know the value of inclusiveness and diversity.

Firing staffer for ‘gender stereotypes’ memo sets off Google’s free speech nightmare

HR Morning

When Google fired a software engineer over a memo he wrote criticizing the company’s diversity efforts, little did it know it would set off a chain of events that put it smack dab in the middle of a national media frenzy — and an HR nightmare.

Getting Social Media Recruiting on the Right Track for Diversity

HR Daily Advisor

Previously, we’ve addressed how it’s great for finding and attracting strong candidates, but it’s also possible to use social media to exclude candidates that might lead an employer to a more diverse workforce. I can turn any one of these into a diversity search,” Tortorici says.

#HotInHR: Tech Hiring Tons of Talent, Suit Aims To Keep LinkedIn Data Public, Workers Win Only 1% of Civil Rights Lawsuits

HRmarketer

A new analysis of employee lawsuits finds a low success rate for discrimination, harassment, or retaliation, and highlights the U.S.’s s most-sued employers. Newsletter: What's Hot in HR Discrimination Diversity Employment law Hiring LinkedIn Millennials Recruiting Tech Women

Religion v. Law

HR Examiner

Whether law or religion wins depends on the issue, the time, and the court. But religion and law have important distinctions. It depends on who is acting and what other laws are involved. California just passed a similar law this year.).

Don’t Let an Offhanded Comment Bring About a Lawsuit

HR Daily Advisor

The problem with approaching the performance review process with dread is that many employers succumb to common pitfalls that render evaluations more harmful than helpful. White sued Home Depot for age discrimination, associational disability discrimination, and negligent misrepresentation.

How to support workers with ‘hidden’ disabilities

cipHR

While many HR professionals might be confident in their knowledge of employment law related to more common, visible disabilities such as mobility problems, so-called ‘hidden’ disabilities – such as dyslexia and autism – pose a much greater challenge. In a recent CIPHR employment law seminar, Matthew Huggett, partner at Carbon Law Partners , explained how employers can best support people with these conditions. . What does the law say?

New Guidance Shifts Federal Policy on Religious Liberty in Employment

HR Daily Advisor

New guidance from Attorney General Jeff Sessions on religious liberty in employment “signals a shift in federal employment law and policy,” according to an attorney who focuses on employment law. Employment Law discrimination DOJ EEOC Hobby Lobby

Bill Takes Aim at Forced Arbitration of Sexual Harassment Complaints

HR Daily Advisor

Arbitration, long a favored method of handling workplace disputes, would be removed as an option in sexual harassment and gender discrimination cases if a new bill introduced in Congress becomes law. Laws already are in place, and employment policies against harassment are common.

ATS 58

Fine, Be a Bigot

PerformanceICreate

I think of my mother and her pleadings nearly every time I teach a class on discrimination and harassment prevention. I have been teaching discrimination and harassment prevention classes since 1995.

Will the Solar Eclipse Disrupt Your Workplace?

HR Daily Advisor

And employers in general should consider how to address the anticipated requests for time off, as well as how to ensure employee safety—particularly for those employees who work outside. Employment Law HR Management business employees employment Religious Discrimination

Dads are parents, too — baby bonding and sex discrimination

Ohio Employer's Law

EEOC Washington Field Office Acting Director Mindy Weinstein says about this lawsuit, “It is wonderful when employers provide paid parental leave and flexible work arrangements, but federal law requires equal pay, including benefits, for equal work, and that applies to men as well as women.”

Company Will Pay $19.5 Million to Settle Gender Pay Discrimination Claim

HRWatchdog

Employers need to aware of the requirements under California’s Fair Pay Act. million to settle a pay discrimination claim. The women claimed that Qualcomm’s practices violated the California Fair Pay Act, the California Fair Employment and Housing Act, the Equal Pay Act and Title VII.

Even the best-intentioned employers can get snagged by anti-bias laws

HR Morning

Even organizations involved in the most noble pursuits sometimes run afoul of discrimination laws. . The federation will implement and disseminate to all employees a detailed policy against religious discrimination.

India: Developments Affecting Diversity in the Workplace

Global People Strategist

When it comes to inclusivity and diversity within the workplace, companies operating in India now have to face and adhere to four major recent developments in the country’s employment law. b) Working conditions requirements for employers.

Bass Pro to Pay $10.5M for Discriminatory Hiring Practices and Retaliation

HR Daily Advisor

Equal Employment Opportunity Commission (EEOC) that alleged Bass Pro discriminated on the basis of race in its hiring and recruiting practices at its retail stores and then unlawfully retaliated against employees who opposed those practices.

Is Your Company in a State with LGBTQ Non-Discrimination Laws?

Zenefits

Until recently, it was legal (and fairly commonplace) for employers to refuse to hire a person because of his or her sexual orientation or gender identity. Thanks to state and federal LGBTQ non-discrimination laws , that practice is dying out. What Are LGBTQ Nondiscrimination Laws? Twenty-one states and the District of Columbia have LGBTQ non-discrimination laws. And employment agencies are prohibited from discriminating in job referrals or interviewing.

EEO Trumps Google Employee’s Free Expression

HR Daily Advisor

In addition to the important societal issues Google’s action implicates, it raises interesting labor and employment law questions about how far employees can go in speaking their minds to oppose workplace diversity. It ultimately chose diversity.