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Employment Law

New rules proposed for EEOC conciliation process

For the first time since 1977, the EEOC is proposing changes to the procedures it uses to mediate discrimination and harassment claims before they go to court. If finalized, the new procedures should reduce the number of EEOC complaints that turn into lawsuits, legal experts say.

Google it: harassment shareholder settlement

Employers can’t get away with sweeping sexual harassment complaints under the rug in the #MeToo era.

Persistence pays off when accommodating disabilities

The ADA requires employers to engage in an interactive process to figure out if a reasonable accommodation will let a disabled employee perform the essential functions of her job. The employer gets to choose the accommodation. If, after trying possible accommodations, the employee still can’t do her job, the employer can terminate her.

Always consider religious accommodations

Employees may ask for reasonable accommodations when work interferes with their religious beliefs or practices. Employers often must go far beyond allowing occasional absences to attend services or bending dress and grooming rules to allow head scarves or beards.

3 new opinion letters from Labor Department

The Department of Labor has issued three new opinion letters that address issues that may affect your company.

Don’t skip ‘futile’ ADA accommodation process

Sometimes, it may seem obvious that a disabled applicant will be unable to perform the job you are trying to fill. That doesn’t mean you can simply toss out his application. Under the ADA, you have an obligation to explore potential reasonable accommodations.

Suspect bullying? Intervene fast

Take all claims seriously. Bullying can lead to physical violence, long-term psychological damage—and the harassment lawsuits that accompany them. Here are several tactics to use when following up on your suspicions.

DOL proposes new rule to define independent contractor status

The Department of Labor has proposed an interpretive rule seeking to tease out the difference between employees and independent contractors for purposes of the Fair Labor Standards Act.

Snapshot: Most believe in a new civil rights law

For the first time since Gallup began polling on the issue, most Americans—Black and White—think a new civil rights law is needed to reduce discrimination against Black people.

Camps, religious and nonprofit educational centers get FLSA break

During the pandemic, many seasonal businesses have unexpectedly found themselves forced to comply with the FLSA. Now the Department of Labor is cutting those employers a much-needed break.