• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR LAW Weekly
  • The HR Weekly

Employment Law

Beware associational bias arising from covid

Associational discrimination is discrimination against an employee or applicant because of their association with a member of a protected class to which the employee does not belong. The consequences of covid-19 infections raise the possibility of new forms of associational discrimination and retaliation.

Spot difference between disabled and difficult

Some employees are harder to manage than others. They fail to follow directions, complain about assigned tasks and gripe about general working conditions. But sometimes disabled employees do all those things, too. Make sure you know the difference.

Cuomo case offers key lessons for employers

The New York attorney general’s report on sexual harassment allegations that led to former Gov. Andrew Cuomo’s resignation offers plenty of good insights for employers on anti-harassment training and communication.

Lack of leadership hinders employers’ DEI initiatives

While some employers have successfully implemented measures to increase diversity, equity and inclusion within their workforces, new data from the Society for Human Resource Management found that many others have failed to follow through on their DEI commitments.

NLRB spells out relief for victims of unfair labor practices

National Labor Relations Board General Counsel Jennifer Abruzzo has directed NLRB regional officials to ensure workers and unions harmed by violations of the National Labor Relations Act “are made whole for losses they have suffered.”

Warn bosses about bias against addiction disability

Refusing to hire someone because of the nature of their disability violates the ADA. That includes making harsh judgments about applicants who may have a disability related to addiction. It doesn’t matter whether the disability was triggered by the individual’s arguably poor choices.

Small employer? FLSA probably still applies

Most private-sector employers must comply with the Fair Labor Standards Act’s wage-and-hour rules, regardless of size. The law applies to employers that do a reasonable amount of business while engaged in interstate commerce.

DOL could use EEO-1 data against employers

A recent policy change by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs could open the door for more federal scrutiny of employers’ employment practices.

Threat to report Hispanic workers is harassment

Telling Hispanic workers they will be reported to U.S. Immigration and Customs Enforcement can constitute harassment based on national origin. If employees complain to the EEOC, prepare to pay.

Investigate before firing alleged FMLA ‘liar’

Generally, employers are allowed to fire employees they believe lied about their need for FMLA leave. But there is an important proviso: The employer must act in good faith, showing it conducted an investigation into whether the employee was entitled to leave or not.