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

Employment Law

National origin bias need not target specific country

Discriminating on the basis of an employee’s national origin violates Title VII. But as one recent case shows, national origin discrimination doesn’t have to involve a particular nation.

Forced leave isn’t pregnancy accommodation

Some pregnant women develop complications that require temporary restrictions. Be careful about how you handle those restrictions! Beware requiring a pregnant employee to take FMLA leave. And think twice about denying light-duty work as a reasonable accommodation.

New independent contractor rule soon to be moot

On Jan. 6, the Department of Labor issued its long-awaited final rule revising the test to determine who can be classified as an independent contractor. The rule, as written, is unlikely to go into effect as scheduled on March 8.

Telemedicine OK to certify need to grant FMLA leave

The Department of Labor now considers a telemedicine consultation with a health care provider sufficient to determine someone has a serious health condition that warrants FMLA leave.

Search EEOC’s new database of EEO-1 info

The EEOC has just released a searchable database of the EEO-1 data it collects each year from large employers. It’s called EEOC Explore, and it can be a valuable resource for HR pros interested in benchmarking diversity initiatives and auditing hiring practices for possible bias.

#MeToo era: Say goodbye to token settlements

Once upon a time, employers could make many sex discrimination and harassment complaints go away with a discreet, relatively small settlement. That’s a fairy tale now.

Beware NLRB lawsuits that allege worker retaliation

The EEOC isn’t the only enforcement agency that can file a retaliation lawsuit. The National Labor Relations Board can, too. Even employers with nonunion workforces may find themselves in the NLRB’s crosshairs if they bar discussing working conditions.

Ignore harassment complaints, plan on lawsuit

Some managers mistakenly assume that if they ignore harassment complaints long enough, victims will quit and the problem will disappear. That’s wishful thinking.

Disability is no excuse for breaking work rules

Workplace discrimination laws don’t give a free pass to employees who violate legitimate work rules. Don’t let fear of being sued stop you from disciplining workers who deserve it.

Identify pay disparities, correct them now

Here’s a reminder that employers should proactively revise their pay practices with an eye toward ending pay disparities. The fact is, agencies such as the EEOC are going all out to make sure women are paid as much as men, even if the differences are small or don’t last long.