AI: Discriminatory Data In, Discrimination Out

SHRM Resources

Artificial intelligence (AI), increasingly used in recruiting, might inadvertently discriminate against women and minorities if the data fed into it is flawed. Equal Employment Opportunity (EEO)--Employee Relations Talent Acquisition Compliance Employment Law Technology--Compliance

?An Introduction to Global Employment Law

New to HR

While we have countless country and labour laws protecting our interests based on not only culture but societal needs, newer countries to the stage offer their own challenges as lawyers and HR professionals work to foster aligning business practices globally without offending the needs of specific cultures and their inherent identity. A fully global employment law does not exist. Instead, local companies are bound to their country’s domestic law.


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Employer Lawfully Focused on Applicants’ People Skills

SHRM Resources

did not discriminate against a black applicant by promoting a white candidate deemed as having superior people skills, the 11th U.S. Equal Employment Opportunity (EEO)--Employee Relations Equal Employment Opportunity (EEO) 11th Circuit Relationship ManagementThe school board of Shelby County, Ala., Circuit Court of Appeals ruled.

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. Is there an employment law compliance or any obligations regarding cultural holidays and religious beliefs? Here’s what business owners need to know: Contrary to popular belief, there are no federal or state laws requiring employers to give paid time off for holidays. Does this law apply to every business?

Denial of Promotion OK’d When Employee Failed Assessment

SHRM Resources

An employer was not liable for age discrimination when it denied a promotion to a septuagenarian who had failed the employer's standard assessment test, according to the 7th U.S. Equal Employment Opportunity (EEO)--Employee Relations Employment Law Employment Testing

New employment laws to watch in 2020


Every new year brings new employment laws, and 2020 is no different. There are some big changes employers need to know about at the federal, state and local levels. For many years, the minimum salary exempt employees could earn was $455 a week, or $23,600 per year.

Marijuana, Opioids and Disability Discrimination: What Employers Should Know


In an era where employers are having to plan for changes in workplace drug testing compliance, primarily due to evolving marijuana laws and our nations opioid crisis, another compliance beast continues to rear confuse employers: Disability Discrimination. Employers are prohibited from discriminating against employees with disabilities. Both federal and state laws provide this protection. Equal Employment Opportunity Commission (EEOC).

What Star Wars teaches us about employee relations #TheForceAwakens

Ohio Employer's Law

The premier of Episode VII has got me thinking, what can Star Wars teach us about employment law? Let your employees post to Facebook and shop on Amazon. Each offers a real benefit that will help you attract and retain good employees. Employees often view the HR department, and by extension, the employment lawyers that help guide them, as agents of the dark side. Related Stories Should you allow employees to shop online from work?

Can Employees Refuse a Pay Increase – Ask #HR Bartender

HR Bartender

I’ve always (jokingly) said that the one thing I can count on is an employee not refusing a pay increase. 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. Is there any way I can have the company take back the increase OR is there a law in MA that states that once raises are given they can’t be taken back?

Alleged Pay Discrimination at Google Makes Marc Benioff and Salesforce Look Amazing.

The HR Capitalist

Here's a rundown from the post : "In a panel at a conference organized by Fortune last week, Marc Benioff, the CEO of the cloud-based software company Salesforce, said that he recently ordered a review of all 17,000employees’ salaries to see if female employees’ pay was in line with those of male employees doing similar jobs. Not only did they change the narrative related to diversity (important, but so it equality, people!), Compensation Employee Relations Litigation

Fine, Be a Bigot


I think of my mother and her pleadings nearly every time I teach a class on discrimination and harassment prevention. Title VII of the Civil Rights Act and numerous other anti-discrimination and harassment laws have, as their main purpose, the intent of prohibiting discrimination and harassment in employment. Likewise, employees should receive rights and benefits similar to those in similar circumstances.

Protecting your business from COVID lawsuit liability

Business Management Daily

In addition to disrupting how and where employees work, COVID has created a minefield of potential employer lawsuit liability. State and federal laws require businesses to provide hazard-free workplaces for their employees and safe spaces for customers.

Employees: You Need to Read This

HR Bartender

Take, for instance, the employee handbook. Companies have been writing, printing and distributing employee handbooks for decades. Is there another way to provide employees the same information without killing a bunch of trees? Employee handbooks are time consuming and expensive to produce. And there’s a perception that employees don’t read them. Human resources creates an employee handbook to protect the company. Employees swear they will read it someday.

The Burden of FLSA, FMLA and ADA


I’ve given a brief overview of three laws that, unfortunately, are often ignored and/or applied incorrectly. Many…most…US employers have to comply with the FLSA. It was born in an era where, quite honestly, US employers took advantage of their employees. Employers, not employees, are required to determine if an employee’s duties are considered “exempt” from overtime.

Workers’ rights in the age of COVID

Business Management Daily

Shortages of personal protective equipment (PPE) and regulator’s reluctance to aggressively enforce workplace safety laws play directly into union playbooks. Employers who overlook these concerns may face the dual dilemma of increased post-COVID enforcement and unionization.

5 Excellent Tips For Managing Workplace Diversity

Career Metis

In a broad sense, it’s the varied composition of employees in a company. Employees in a company may be diverse, but not included in office processes. Each employee should feel comfortable in an office environment. Above all, collaborate with your current employees.

Notice Deadline Nears for South Carolina Pregnancy Accommodations Law

HR Daily Advisor

South Carolina employers are facing a September 14 deadline to provide notice to applicants and employees related to the new South Carolina Pregnancy Accommodations Act (SCPAA). The new law, enacted in May, applies to all South Carolina employers with at least 15 employees. The law requires employers by September 14 to provide written notice to new employees at the time they are hired.

People Management Mistakes That Small Businesses Tend to Make

HRIS Payroll Software

While there are fewer employees to contend with in a small business, people management is just as important as in larger businesses. Many small businesses make the grave error of failing to properly train employees. A failure to properly train can cause a company to lose customers, can make an employee feel unprepared and bitter towards the company, and can cost the company money if mistakes are made. Failing to Comply with Employment Laws.

COVID-19 Vaccine: Can It Be Required?


In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and employment law expert Jennifer Shaw discuss what employers need to consider before mandating that their employees get the COVID-19 vaccine.

HR and Workplace Guide Tackling Employee Conversations That Stink


Employee friendly HR software designed to help tame your business. . As the HR manager and business leader, it’s your job to address these types of stinky workplace situations and doing so from a position of strong leadership, positive employee development and an awareness of the sensitivity of the matter is key. Know company policy and applicable law. I know these conversations with employees are uncomfortable. Above all, treat the employee with dignity.

3 Steps to Protect Information While Leveraging Social Media

HR Daily Advisor

partner with the law firm of Faegre Baker Daniels LLP., and editor of Indiana Employment Law Letter —the rise of social media comes with both pros and cons for employers. Garrison, who presented a session at BLR’s 2017 Advanced Employment Issues Symposium (AEIS) titled #Protecting Information Systems , noted that social media is a powerful marketing and public relations tool for companies.

September’s Webinar Specifically for California Supervisors


CalChamber’s HR webinar on September 20 reminds California employers of how important and essential it is to make sure supervisors are well-versed in California’s employment laws. That’s because the responsibility of managing employee relations most often falls on California supervisors to enforce HR policies, address employee grievances appropriately and honor accommodations. Disciplining or terminating an employee.

How to HR in a growing company – A guide for every size business


In a perfect world, all businesses would operate in strict accordance with the laws and best practices governing HR. For every size business, there are certain laws and regulations you must adhere to or risk financial or legal penalty. As your employee count increases, many of these nice-to-haves become necessities. Here’s how to HR in a growing company, broken down for every size business: Two to 19 employees. 20 to 49 employees. 50 to 99 employees.

Supreme Court Ends ‘Mark of the Beast’ Litigation

HR Daily Advisor

In 2011, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit on behalf of Beverly Butcher, who resigned from his job as a coal miner at CONSOL Energy rather than allowing his hand to be scanned at the beginning and end of each shift to record his time worked. A federal court jury found that Butcher had been unlawfully discriminated against because of his religion and awarded him almost $600,000 in damages.

Employers seek to halt EEOC’s efforts to drum up plaintiffs for its “Onionhead” lawsuit

Ohio Employer's Law

You may recall the lawsuit filed the EEOC claiming that a New York employer forced its employees to join a religion called “Onionhead.”. Now, Employment Law 360 reports that the company’s counsel is trying to block the EEOC from reaching out to the company’s employees to seek additional plaintiffs for its lawsuit. You can download a copy of the employers’ letter to the court here [pdf]. If the employer is true, the EEOC is going to have issues.

WIRTW #342 (the “family photo” edition)

Ohio Employer's Law

Here’s what I read this week: Discrimination “How Can We Accommodate You?” — via Employment Discrimination Report Hearing Religious and Pregnancy Discrimination Cases Appeals to the Supreme Court — via The Emplawyerologist Employer Permitted to Use “After-Acquired” Evidence at Discrimination Trial — via Labor Employment Law Blog EEOC’s Current Enforcement Guidance on Pregnancy Discrimination — via The L•E•Jer I Quit!

WIRTW #474 (the “I’m from” edition)

Ohio Employer's Law

Discrimination. Is Robert Lee a victim of national origin discrimination? — via Robin Shea’s Employment & Labor Insider. KKK Hoods: Fashionable In The Workplace And (Again) In The Streets — via Above the Law. Tennis Association Discriminated Against Him — via Deadspin. Shakespeare Sheds Light on Liability for Abetting Discrimination — via The Labor Dish. Does the ADA ever require six months of employee leave? HR & Employee Relations.

WIRTW #431 (the “stop breaking down” edition)

Ohio Employer's Law

Here’s what I read this week: Discrimination. Is race discrimination bad for business? — to a diabetic employee fired for drinking OJ at work — via Eric Meyer’s Employer Handbook Blog. Honesty is an Employer’s Best Policy – Honest Defense Rule in Employment Discrimination — via Michigan Employment Law Advisor. HR & Employee Relations. Top Reasons to Mediate Employment Disputes — via The Labor and Employment Law Blog.

WIRTW #364 (the “almost famous” edition)

Ohio Employer's Law

Here’s the rest of what I read this week: Discrimination Do You Hear What I Hear? Accent Discrimination in the Workplace. — via Fitzpatrick on Employment Law Can you sack an employee for having “friends with benefits”? — via Employment Law Worldview Equal Protection, LGBT and Religious Freedom — via Cleveland Employment Law Blog Sniffing out an ADA case: Aromatherapy at work sparks questions — via HR Hero Line EEOC: U.S.

WIRTW #345 (the “earworm” edition)

Ohio Employer's Law

Here’s what I read this week: Discrimination Despite Employment Discrimination Training, “Human Nature Often Rears Its Ugly Head” — via Employment Discrimination Report Seed and Fertilizer Providers to Pay $187,500 for Genetic Information and Disability Discrimination — via EEOC News Releases Obesity: Grounds for Unlawful Discrimination in Europe? —

WIRTW #370 (the “I’m ready for my close-up”) edition

Ohio Employer's Law

Pop some corn, or, if you’re out and about on a summer Friday eve, set your DVR, to get your seven-minute fix of Hyman on employment law. Here’s the rest of what I read this week: Discrimination. Post-trial maneuvering in a discrimination verdict — via Walter Olson’s Overlawyered. Must-haves” for your harassment investigation — via Robin Shea’s Employment & Labor Insider. SCOTUS ruling on religious garb puts employers in a double bind — via HR Café.

WIRTW #349 (the “Merry Christmas and Happy New Year, y’all” edition)

Ohio Employer's Law

Here’s what I read this week: Discrimination Santa Sued for Disability Discrimination Due to Reindeer Harassment — via Bolek Besser Glesius, LLC Ebola discrimination in your workplace, what the Department of Justice wants you to know. — via Eric Meyer’s The Employer Handbook Blog Do You Hear What I Hear? Accent Discrimination in the Workplace. — via Labor Relations Today.

Are You Considering A Career In Human Resources?


Before I started my career in Human Resources , I had a perception that the HR lady sat behind a desk the entire day, listening to people complain about problems at work, pushing a box of tissues across the table to emotional employees and dispensing motherly advice. The ability to find a great pool of job candidates, conduct preliminary interviews, negotiate the terms of the job offer and avoid employment law pitfalls requires a thorough understanding of the industry and the job function.

WIRTW #368 (the “let's go Cavs” edition)

Ohio Employer's Law

Here’s the rest of what I read this week: Discrimination. Enochs’s Wisconsin Employment & Labor Law Blog Social Media & Workplace Technology. Five Key Social Media Questions All Health Care Employers Should Consider: Question #3: How Do I Protect Patient Privacy On Social Media? — via Eric Meyer’s The Employer Handbook Blog Doing online “reputation management”? — via Business Management Daily HR & Employee Relations.

WIRTW #355 (the “paraskevidekatriaphobia” edition)

Ohio Employer's Law

via Robin Shea’s Employment & Labor Insider DOL Interactive Map Highlights State-by-State Protections for Pregnant and Nursing Women — via Joe''s HR and Benefits Blog Three Observations about the New EEOC Statistics — via Dan Schwartz’s Connecticut Employment Law Blog Social Media & Workplace Technology How Not to Start a New Job — via San Antonio Employment Law Blog Who CAN you fire for their social media activity? —

WIRTW #381 (the “sensational inspirational celebrational” edition)

Ohio Employer's Law

Here’s the rest of what I read this week: Discrimination Judge Titus Channels Inner Kenny Rogers in $1 Million EEOC Rebuke — via Employee Screen IQ Firing an employee for complaining on Facebook about discrimination = retaliation — via Eric Meyer's The Employer Handbook Blog Workplace religious accommodation, cont’d — via Walter Olson's Overlawyered Yes, employers may have to accommodate even “crazy” religious beliefs. —

Is Arbitration Of Harassment the Best Course Of Action?


About a year ago, employers relished a major win when the Supreme Court upheld class-action waivers in arbitration agreements , giving them the power to stop employees from banding together to file claims for work-related issues, instead forcing each to file an individual claim. Coming off the heels of this victory, employers have been structuring contractual relationships, including many with independent contractors, with arbitration programs to resolve work-related issues.