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Employee Relations—Legal & Regulatory Issues

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Ask an HR Advisor

Employee Relations—Legal & Regulatory Issues

Disability Accommodation

Accommodation Practices Highlighted in SHRM/Cornell Study

Does the ADAAA change the definitions of “qualified,” “direct threat,” “reasonable accommodation” and “undue hardship,” or does it change who has the burden of proof in demonstrating any of these requirements?

Does the ADAAA apply to discriminatory acts that occurred prior to January 1, 2009?

Does the ADA still exclude from coverage a person who is illegally using drugs?

Does an individual with a disability still have to be qualified for a job? And may small businesses still hire the most qualified person?

Does an individual have to establish coverage under a particular definition of disability to be eligible for a reasonable accommodation?

Does the rule concerning mitigating measures apply to people whose vision is corrected with ordinary eyeglasses or contact lenses?

Has the process for providing reasonable accommodation changed as a result of the ADAAA and the EEOC’s regulations?

Workers' Mental Health Disorders Go Untreated

Denial of Telecommuting Request Might Have Violated ADA

Association Provision: What is the association provision of the Americans with Disabilities Act? To whom does its protection apply?

Can an impairment that does not affect someone all the time be considered a disability?

EEOC Focuses on No-Fault Attendance and Leave Policies

Elephant in the Living Room

EEOC Revises Two Guidances Concerning Veterans with Disabilities

Employee Privacy

Privacy Claim Barred by Sovereign Immunity, Supreme Court Rules

Costly Claims May Arise from ‘Subtle’ Workplace Risks

Recent Supreme Court Term Provides Significant Guidance for HR

EEOC Warns Employers About Combining Health Records

HIPAA Confusion Common When There Are Births or Accidents

Employee Use of Social Media: Laws Fail to Keep Pace with Technology

Managing Workplace Privacy

Legal Protections for Employees’ Workplace Privacy Rights Arise from Many Sources

Supreme Court Addresses Workplace Privacy in Texting Case

HR Must Be Diligent When It Comes to Verifying Employees

1st Circuit: No Unfettered Telephone Privacy for Public Safety Employees

Privacy: Can employers open employee mail that was sent to the office?

Workplace Hidden Camera Not Invasion of Employees’ Privacy, Calif. High Court Rules

Verdict Demonstrates Risks of Accessing Employee’s Restricted Social Networking Sites

Explicit Policies Help Navigate Privacy Issues

Equal Employment Opportunity

Question About Surname Leads to Title VII Claim

White House Says It Won’t Sign ENDA Order for Now

Chamber Seeks OMB Intervention over EEOC Background Check Guidance

EEOC: Federal EEO Efforts Yield Modest Results

EEOC’s Strategic Plan Renews Focus on Systemic Litigation

EEOC Hearing Highlights Pregnancy and Caregiver Discrimination

EEO: May a religious institution give employment preference to members of its own religion? What is a “ministerial exception” under Title VII?

EEOC Continues to Focus on Systemic Bias, Report Says

Report: U.S. Coast Guard Urged to Improve EEO Efforts

Retaliation Charges Continue to Rise

Use of ‘English-Only’ Policies Is Subject of Disagreement Between Government Agencies

EEOC and Cracker Barrel Enter into National Mediation Agreement

OFCCP Developing Compensation Data Collection Tool

Accommodations: Disability: Can we speak to an employee’s doctor regarding a medical condition and possible accommodations?

Abercrombie & Fitch Must Pay for Religious Discrimination in Head Scarf Case

Harassment

Preventing Unlawful Workplace Harassment

Don’t Let Holiday Parties Lead to New Year Lawsuits

GAO: Harassment Remains Underreported Problem at Department of Defense

Investigations: Sexual Harassment: What guidelines should an employer follow when investigating allegations of sexual harassment

Harassment: Prevention: What can an employer do when they find out that a supervisor and another employee are dating?

Train Summer Employees on Workplace Policies

1st Circuit: HR’s Response to Harassment Complaint Fails to Shield Employer

4th Circuit: Pictures and Speech that Sexualize the Workplace Can Support Claim

Nontraditional Workplace Harassment Lawsuits Increasing

4th Circuit: Employer Who Takes Prompt Remedial Action to Title VII Complaint Is Entitled to Summary Judgment

National Origin Harassment Claim Proceeds

Challenge of Million-Dollar Verdict Fails

Employer Ordered to Pay $451,000 for Male-on-Male Sexual Harassment

1st Circuit: Employee’s Failure to Notify Employer of Repeat Harassment Fatal to Claim

Plaintiff Awarded $476,050 for Harassment

Posting Requirements

Workplace Flexibility for Select Populations

Ishimaru’s Resignation Changes Dynamics of EEOC

Question About Surname Leads to Title VII Claim

White House Says It Won’t Sign ENDA Order for Now

Chamber Seeks OMB Intervention over EEOC Background Check Guidance

EEOC: Federal EEO Efforts Yield Modest Results

EEOC’s Strategic Plan Renews Focus on Systemic Litigation

EEOC Hearing Highlights Pregnancy and Caregiver Discrimination

EEO: May a religious institution give employment preference to members of its own religion? What is a “ministerial exception” under Title VII?

EEOC Continues to Focus on Systemic Bias, Report Says

Report: U.S. Coast Guard Urged to Improve EEO Efforts

Retaliation Charges Continue to Rise

Rule Would Set Disability Hiring Goal for Federal Contractors

Charges Filed with EEOC Hit Record High in Fiscal 2011

EEOC Approves Regulation Boosting Age Bias Claims

Recordkeeping

Complying With Workplace Records and Reporting Requirements

Personnel Records: What should, and should not, be included in the personnel file?

Personal Records: Retention: How long do we need to retain employee records?

VETS Report Deadlines Are on the Horizon

Take Out the Red Pen

UGESP Definition of ‘Applicant’ Will Not Change

Personnel Records: Privacy/Access: Is our company legally obligated to allow current or former employees to review or copy their personnel files?

Personnel Records

Personnel Records: Privacy/Access: Does the Federal Privacy Act protect an employee’s access to his personnel file?

Personnel Records: Some managers want to keep a second set of personnel files at their desks. Can we allow this?

Personnel Records: Retention: Can we keep our personnel records on the computer or on microfilm instead of on paper?

Personnel Records: Access to and copies of Employee Personnel File Policy

Understanding the Federal Wage & Hour Laws: What Employees Must Know about the FLSA and Its Overtime Regulations

Termination

Ministerial Exception Barred Bias Suit by Religious School Teacher, U.S. Supreme Court Rules

Kmart Lawfully Fired Worker for Slapping Customer

Payroll Clerk Nets $650,886 Front Pay Award

Safer Separations

5th Circuit: No Evidence of Racial Bias in Terminating Hospital Employee

Summary Judgment Denied on Retaliation, Promotion Claims

Supreme Court: FLSA Anti-Retaliation Provision Applies to Oral Complaints

7th Circuit: Employment Contract Extends Discrimination Law Protections to Non-Citizen

NLRB: Employee’s Post-Termination Blog Postings Do Not Eliminate Reinstatement

7th Circuit: Shifting Explanations for Employee’s Termination Warrant Trial of Retaliation Claim

7th Circuit: Termination Within Reach of ‘Cat’s Paw’

7th Circuit: Union Employers’ Access to Federal Courts Limited

Supreme Court Unanimously Rules That Title VII Protects Third Parties from Retaliation

2nd Circuit: The $1.6 Million Error—Using the Wrong Supervisor to Terminate

4th Circuit: Absence of Reasonable Basis for Fraud Allegation Defeats Retaliation Claim

Other Recent Developments

Protecting Confidential Information in California

Ishimaru’s Resignation Changes Dynamics of EEOC

Question About Surname Leads to Title VII Claim

White House Says It Won’t Sign ENDA Order for Now

Chamber Seeks OMB Intervention over EEOC Background Check Guidance

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