When have you crossed the line into immigration status discrimination?

Business Management Daily

Many employers don’t grasp the subtle difference between national origin discrimination and immigration status discrimination. Quiz: Are your personnel practices discriminating based on immigration status or national origin? Discrimination and Harassment Employment Law

If you could design the perfect “Return to Work from COVID-19” HR-compliance presentation…

The Employer Handbook

I’ve procrastinated on preparing the slide deck for my upcoming presentation, A Return to Work from COVID-19: EEO and Other Employment Law Considerations , for the U.S. All is well , and I’ve got this totally under control. Photo by Science in HD on Unsplash.

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COVID-19: Asian American Discrimination and Mental Health Resources

Thrive Global

As this trend continues, there will surely be a mental health fallout to consider given the negative impact of discrimination on wellbeing. Below is a four-step guide to navigating discrimination and hate and accessing community and mental health support during COVID-19.

2nd Circuit Rules Title VII Bars Sexual Orientation Discrimination

HR Daily Advisor

Circuit Court of Appeals has reversed course, ruling on February 26 that discrimination based on sexual orientation amounts to discrimination based on sex in violation of Title VII of the Civil Rights Act of 1964. Previously, a panel of the 2nd Circuit had declined the opportunity to reconsider past precedent and continued to hold that sexual orientation discrimination isn’t actionable under Title VII. Sexual Orientation Is Based on, Well, Sex. The 2nd U.S.

Why HR Should Be Present at Employee Termination Meetings

HR Daily Advisor

If it’s not HR, is HR always present? The answers to these questions vary by organization—and may even vary within an organization—but there are some good arguments why an HR representative should be present for any termination meeting. Here are a few: Having HR in the room helps to ensure leaving employees are treated in a consistent manner, which can reduce the chances of a future discrimination claim. What has worked well for you?

The “harassing, stalking, disturbing, and menacing” plaintiff lost her discrimination case. Go figure.

The Employer Handbook

So, you’d think that the plaintiff would cut and run after the district court dismissed her claims for pregnancy, sex, race, and religious discrimination claims. Well, if you guessed poorly, you’d be polite. Ironically, ‘disability’ was one of the only discrimination boxes not checked in this case. So, she went to the EEOC, checked a bunch of boxes on her charge of discrimination, sued in federal court, lost, and appealed.

Role of HR in supporting mental well-being at work

HR Digest

It is of growing importance across many organizations, and many of them are taking practical steps to promote the mental well-being of their staff. Many people shy away from discussing mental health and to promote the well-being of active consciousness.

Disability discrimination: what does case law tell us?

cipHR

Mrs Nissa had been suffering with symptoms since December 2015 until her resignation in August 2016, meaning her condition had been present – but undiagnosed – for approximately eight months when she resigned. Again it was confirmed that the test in SCA Packaging v Boyle was the correct test to use, and that “likely” meant “could well happen”. ICTS was unsuccessful in defending Mr Visram’s claims for unfair dismissal and disability discrimination and the tribunal considered remedy.

updates: the secret Santa underwear gift, the discriminating boss, and more

Ask a Manager

I wrote to you in November about my colleague (let’s call him Andy) who thought it was a good idea to give underwear as a present for Secret Santa. The first thing he said is that the presents should all be safe for work and good spirited. He had told me, and other colleagues as well. My boss is discriminating against my pregnant employee. Here are three updates from people who had their letters answered here in the past.

EEOC Steps Up Data Collection on Discrimination

HRExecutive

In case you missed this bit of news on your rush out the door to start your weekend last Friday: In an effort to improve the information available about religious discrimination, the U.S. These changes, the agency says, will allow it to collect more precise data about the religion of the individual alleging discrimination – allowing the EEOC, as well as the public, to recognize and respond to trends in charge data. discrimination EEOC employment law HR profession

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? Bischoff and Bussing, a San Francisco-area lawyer who writes frequently on employment issues, presented a session with similar wording in its title—“How AI Technology Can Eliminate or Amplify Bias”—at the recent HR Technology Conference held in Las Vegas.

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? My Manager Discriminates Based on Religion. On March 17, 2011, Arave’s attorneys sent a letter to Bank of America complaining of religious discrimination and retaliation. On March 29, 2011, Arave resigned and later filed suit against the bank, Holsinger, and Anderson for religious discrimination, harassment, and retaliation.

Putting Gender Identity Discrimination on the Map

HR Daily Advisor

Yesterday we heard from Joan Farrell, JD, senior legal editor at BLR ® , about avoiding gender identity discrimination. Today we’ll take a look at exactly where laws against such discrimination exist. LGBT employment rights map: Which states prohibit sexual orientation and gender identity discrimination? Which states prohibit employment discrimination based on sexual orientation? Which states also prohibit discrimination based on gender identity?

Disability Discrimination: I Can See Clearly Now, My Job Is Gone

HR Daily Advisor

Within a few days, he received a 24-inch monitor as well as a secondary 19-inch monitor to ease his computer use. All of his claims involved common allegations that MITRE discriminated against him because of his keratoconus, which he argued is a protected disability. He asserted discrimination and failure-to-accommodate claims under the New Jersey Law Against Discrimination (NJLAD) and the FMLA, among other things. In a recent decision, the U.S.

Disability Discrimination: Terminated Cancer Survivor’s ADA Claim Fails, Part 2

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. 8th Circuit’s Decision on the Discrimination Claim. The ADA prohibits covered employers from discriminating against a qualified individual on the basis of disability. By Steve Jones. The U.S.

Pish-posh to everything we ever knew about litigating discrimination claims

The Employer Handbook

opinion here ) involves a pretty standard bias claim, one in which an employee claimed that he was discriminated against based on his national origin. What makes it blog-worthy is the Seventh Circuit’s approach to how one goes about proving discrimination. The first road is the “direct” method, where a plaintiff presents “admissions of culpability and smoking gun evidence.” Attorney Practice Tips Discrimination and Unlawful Harassment National Origin

Pish-posh to everything we ever knew about litigating discrimination claims

The Employer Handbook

opinion here ) involves a pretty standard bias claim, one in which an employee claimed that he was discriminated against based on his national origin. What makes it blog-worthy is the Seventh Circuit’s approach to how one goes about proving discrimination. The first road is the “direct” method, where a plaintiff presents “admissions of culpability and smoking gun evidence.” Attorney Practice Tips Discrimination and Unlawful Harassment National Origin

You be the judge: Does this sound like race discrimination to you?

The Employer Handbook

Whatever your background and experience, I’m guessing that you can determine whether the plaintiff I’m about to describe to you, a former Ohio police trooper, has a viable claim for race discrimination. The, err, emboldened Plaintiff decided to sue the Department for race discrimination. Well, your guess is as good as mine at this point. How do you prove race discrimination?

‘But No One Got Hurt!’ Is No Defense to Race Discrimination Claims

HR Daily Advisor

But here we present a unique scenario that provides timeless lessons about direct evidence of discrimination—not based on what was said, but what was not said. Well, the price of oil dropped, the company sought to save money, and—you guessed it—Lacy was terminated in a reduction in force because she was the lowest-ranked employee. Lacy Sues for Race Discrimination. According to the appeals court, “[Lacy] presented direct evidence of discrimination. [A

With more co-sponsors than ever and huge corporate support, will Congress finally vote to ban LGBT discrimination?

The Employer Handbook

And that’s to pass a law making LGBT discrimination at work unlawful. Among other things, the Equality Act would amend Title VII to explicitly outlaw employment discrimination based on sexual orientation and gender identity. Well, the ACLU underscores that “the Equality Act also clarifies that the Religious Freedom Restoration Act … can’t undercut civil rights protections for anyone.” ” And AP reports that this could present a problem.

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

A white guy threatened to kill co-workers, got fired, and claimed discrimination. How’d that turn out?

The Employer Handbook

If you were thinking, “Not well,” well, give yourself a gold star and a pat on the back. Then, register here for a free interactive webinar, “ How to Navigate Alcoholism and Substance Abuse under the FMLA/ADA,” that I’m presenting with Cigna’s Robyn Marino, Esq. Where’s the discrimination? That is, he should present either statistical evidence or facts indicating an “organizational preference” for African-American employees.

A white guy threatened to kill co-workers, got fired, and claimed discrimination. How’d that turn out?

The Employer Handbook

If you were thinking, “Not well,” well, give yourself a gold star and a pat on the back. Then, register here for a free interactive webinar, “ How to Navigate Alcoholism and Substance Abuse under the FMLA/ADA,” that I’m presenting with Cigna’s Robyn Marino, Esq. Where’s the discrimination? That is, he should present either statistical evidence or facts indicating an “organizational preference” for African-American employees.

Fired for a mouth full of coffee? That’s a new one. Or, maybe, age discrimination.

The Employer Handbook

In that context, the notion of age discrimination seems silly. The lower court granted summary judgment to the employer on the plaintiff’s age discrimination claims. Well, let’s hope so! WWE great The Undertaker is 50 years old. He’s an eight-time Heavyweight Champion. But, his greatest feat is never missing one of my posts his streak of 21 consecutive wins at Wrestlemania. But then, at Wrestlemania XXX , the streak ended.

Time for Another Look at Wellness Programs

Compensation Cafe

Wellness programs are a $6 billion industry in the United States with an estimated 500 vendors selling them. In a Kaiser survey 71% of companies are "overwhelmingly" confident that wellness programs reduce medical costs. Trade publications, conference presentations and vendor studies are full of case studies claiming impressive savings. Some companies have faced workplace discrimination lawsuits over the use of financial penalties.

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. Willow got along well with her supervisor, “Kristy,” and consistently received positive performance evaluations. Later in September, Willow and Kristy met again with Mary present. By Steve Jones. The U.S.

Genetic Testing as Part of Workplace Wellness Programs

HR Daily Advisor

While health and well-being benefits may only represent a small portion of your overall compensation plan, they can drive a disproportionate share of your budget. has two specific laws that provide protection against the unwanted sharing of personal health information and protection against discrimination. The post Genetic Testing as Part of Workplace Wellness Programs appeared first on HR Daily Advisor.

Natural Hair Should Be Protected By Law & Don’t Ask (White) Men About It

PerformanceICreate

In fact, more than talk, there is been major news stories revolving around cities ban natural hair discrimination in the workplace and even our children with natural hairstyles are being victimized and judged because their hair has been deemed unacceptable by white people. Hairstyle discrimination IS a problem. “Hairstyle” discrimination has been directed a black people – people with natural hairstyles.

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. Well, as we well know it did not work! The next step in dealing with sexism in the workplace was the Pregnancy Discrimination Act of 1977, an amendment to Title VII.

EEOC: Don’t tell staff this about ADA-protected workers

HR Morning

According to the EEOC’s claim: Marsh filed a charge of discrimination with the agency, claiming DZNPS failed to reasonably accommodate his disability and illegally terminated him because of his disability. But before providing the info to the agency, DZNPS sent a letter to roughly 146 individuals who worked for the same union as Marsh as well as DZNPS. indicated that he had filed a charge of discrimination on the basis of disability.

Veterans Day: Don’t Forget Skills Military Veterans Bring to Workforce

HRWatchdog

Veterans are also well prepared for independent problem solving, decisiveness and intense focus. About 62 percent of complaints received under the USERRA contain allegations of discrimination on the basis of past, present or future military service or status; 15 percent of the complaints allege improper reinstatement into civilian jobs after military service. Don’t forget our military veterans! Veterans Day is next Monday, November 11.

Changing Times Highlight Need for Employers to Adapt to an Aging Workforce

HR Daily Advisor

Those increasing numbers of older workers present both “unprecedented challenges and untapped opportunities,” according to the recently released 2018 Global Human Capital Trends report from Deloitte. Discrimination Persists. Those potential liability concerns center on age discrimination. Discrimination in hiring also is a common problem, the EEOC report says. That practice presents a significant risk to employers, according to H.

Celebrate International Women’s Day, Women’s History Month

HRWatchdog

Both California and federal laws prohibit gender discrimination — which includes discrimination in compensation — but California law is more strict. California employers also are prohibited from asking about a job applicant’s salary history, which includes compensation and benefit information, as well as relying on salary history information in making decisions about hiring or how much to pay an applicant. Celebrate your women employees in one of these three ways.

EEOC explains rights of employees with mental health conditions

HR Morning

present an undue hardship. The beauty of the guide for those with mental health disabilities, as well as the guides for HIV-positive and pregnant employees, is they help flesh out what the interactive process should look like. Discrimination & Harassment Employment Law In this week's e-newsletter Pay and Benefits accommodations ada disability discrimination discrimination eeoc guidance interactive process mental health pregnancy

Here Are 112,500 Reasons Not to Make an Employee to Stay Home Until 100% Healed

TLNT: The Business of HR

Do this and you might as well paint a huge bulls-eye on your business and open up your checkbook. of Denver will pay $112,500 and furnish other relief to settle a disability discrimination lawsuit filed by U.S. According to EEOC’s lawsuit, Brookdale discriminated against an employee due to her disability, fibromyalgia. Bernadine Adams worked for Brookdale as a health and wellness director. Well, yes it is. By Eric B. Meyer.

EEOC Issues National Origin Guidance

HRWatchdog

California also has strict rules prohibiting national origin discrimination. Equal Employment Opportunity Commission (EEOC) has issued updated enforcement guidance on national origin discrimination. The guidance is intended to address the increasingly diverse workforce and notes that immigrant workers are present in every occupation in the United States and are highly-represented in many of the largest-growth occupations. Discrimination national origin

Microaggressions Are Killing Our Work Culture

PerformanceICreate

Blatant discrimination and harassment are not eroding our positive work culture. The under-the-radar insults and injuries led to empowered discrimination and harassment, and they eventually broke me. Well mannered people all around us often engage in everyday occurrences that, on the surface, appear quite harmless or trivial. Thankfully, most of this is not conscious awareness, but nonetheless, it is clearly present.