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Employment Law

Bill voids NDAs in sexual harassment cases

The Speak Out Act voids any nondisclosure agreements in sexual assault or harassment cases. The bill passed Nov. 16 in the House, and the Senate passed the bill by unanimous consent in September.

Time is now for overtime pay scrutiny

Some commentators predict that the DOL might only raise the minimum wage. Others think the delay might mean the wage will rise with inflation. But while we wait, lawsuits and pay transparency trends are not off the clock.

Sexual harassment and retaliation at funeral home

A mortuary will pay $135,000 to settle a sexual harassment and retaliation lawsuit. The EEOC sued on behalf of female employees who alleged the owner made crude sexual comments.

“No facial hair, no exceptions” causes EEOC to sue

A company with a “no facial hair” policy violated Title VII when it hired an EMT who could not shave his beard due to his religious beliefs and fired him when he refused to shave, alleges an EEOC lawsuit.

Dismissal valid if based on “unprofessional” behavior

East Carolina University dismissed a student with bipolar disorder from its master’s degree program. The student sued, alleging a violation of the ADA.

Hiring disabled workers? No time like the present

For disabled workers, the pandemic has been both a crisis and an opportunity—a crisis because so many suffer from disability-related morbidities that make getting infected very dangerous, and an opportunity because remote work flourished. Plus, the shortage of workers has meant more chances for disabled applicants to be hired than ever before.

Conduct a self-audit before finalizing terminations

There’s a compelling reason to conduct a routine HR office review of all employment decisions before they’re finalized. That way, your HR professionals can do their jobs and confirm that the decision is based on objective information and business necessity.

Housekeeper for Bezos sues, alleges racial discrimination

Jeff Bezos, the founder of Amazon, has been sued close to home. His former housekeeper, who is Hispanic, accuses him and two of his investment firms of racial discrimination.

Two new lawsuits on an ancient form of discrimination: caste

Recently, several advocacy groups have urged the EEOC to expand its protection under Title VII of the Civil Rights Act based on a unique form of discrimination involving membership or assignment to a caste system. At the same time, two lawsuits are testing whether Title VII’s religious or national origin discrimination provisions can provide a remedy for caste discrimination victims.

Don’t let holiday party end in litigation

Getting together in person in a casual and festive environment is an opportunity to reestablish relationships and strengthen the corporate culture. But all that merriment comes at a price—potential lawsuits over everything from booking a non-accessible site for your disabled workers to religious objections if the party is mandatory to sexual harassment fueled by excess alcohol and lowered inhibitions. Here’s how to throw a party with minimal legal risk.