Employment & Labor Insider

The bathroom battle (among others) continues. Continue Reading ›

Today is HR Professionals Day, an annual celebration that recognizes the hard work of Human Resource personnel and highlights the unique challenges they face. HR departments are often maligned, but they ensure that operations run smoothly and in accordance with the laws that govern the workplace. They also ensure that employees and managers have the support they need. Continue Reading ›

Want to stay out of trouble? Read on! Continue Reading ›

Pregnancy regs, harassment guidance under fire. Continue Reading ›

The TL;DR version. Continue Reading ›

You won't want to miss this!!! Continue Reading ›

Even if you didn't do it. Continue Reading ›

It's worth a read. Continue Reading ›

These six will get the EEOC's attention in 2024-28. Continue Reading ›

The Plaintiff rapped. Will her case get zapped? Continue Reading ›

Nothing you wouldn't already have figured out. Continue Reading ›

Firm must go to trial on same-sex harassment claim. Continue Reading ›

Bad news, but at least employers know where they stand. Continue Reading ›

The right to bore, and not to be bored. Continue Reading ›

Non-union employers, this goes for you, too! Continue Reading ›

What should employers be watching for? Continue Reading ›

Can employers breathe easy now? Continue Reading ›

The EEOC is inviting us to ask for opinion letters! Continue Reading ›

Only YOU can prevent a social media firestorm. Continue Reading ›

National origin, race, age, pregnancy -- and coronavirus. Continue Reading ›

Illinois ended the old year and started the new with a bang. Continue Reading ›

All the holiday party information that's fit to print, as we enter this most dangerous season for employers. Continue Reading ›

A change may be coming. Continue Reading ›

HR people, you know what I'm talking about. Continue Reading ›

Showing, again, that workplace gossip can get you sued. Continue Reading ›

And you thought you had problems! Continue Reading ›

Take care of yourself! Continue Reading ›

"The Justice in the bow tie." Continue Reading ›

No. Heck, no. Continue Reading ›

How dare they defend themselves! Continue Reading ›

Could be -- at the state level. Continue Reading ›

Act fast! Comments are due September 12, and a policy has to be adopted October 9. Continue Reading ›

When does crude language cross the line and become unlawful harassment? Continue Reading ›

How much do you really know, from an HR standpoint? Continue Reading ›

There are probably worse ideas, but I can't think of any right now. Continue Reading ›

Coming soon to a nation near you.  Continue Reading ›

Here are five hot issues that employers ignore at their peril. Continue Reading ›

Don't these columnists read the papers? Continue Reading ›

Workplace romance in the #MeToo era is so complicated. Continue Reading ›

After all, Fiscal Year 2017 ended just about the time that #MeToo began. Continue Reading ›

Once again, I wallow in the mud so you won't have to. Continue Reading ›

The proposal to do away with confidentiality in sexual harassment settlements is likely to hurt victims at least as much as it exposes perps. Continue Reading ›

So, you don't want to be a sexual harasser at work? Good for you! Follow these dos and don'ts, and you should be in great shape. Continue Reading ›

According to a Wall Street Journal/NBC News poll published this week, 48 percent of working women believed they had been victims of sexual harassment in the workplace.

My reaction was, “Only 48 percent?” Continue Reading ›

Words fail me. Let’s just say that I hope he is sincere about getting the help he needs to turn his life around.

Which, among other things, should include trying to make some form of restitution to his alleged victims. (None of this ridiculous “atonement by fighting the NRA.”)

There are more Weinstein stories than I can link to, but here are the two original sources: The article by Jodi Kantor and Megan Twohey in The New York Times is here, and Ronan Farrow’s excellent and very disturbing article in The New Yorker is here.

Mr. Weinstein, through a spokesperson, has denied engaging in any non-consensual sexual relations or retaliating against anyone who refused his advances. The full denial is in the video, below.

Here are my eight takes from an employment law and Human Resources perspective:

No. 1: “Quid pro quo” harassment is just a fancy word for extortion — where the prize is sex, instead of money or property. When an employer threatens to terminate (or otherwise punish) an employee for refusing sexual advances, or promises to hire (or otherwise reward) her for participating, then that is extortion. (I’m using “she” and “her” for convenience, but men can be victims, too.) In the ordinary employment context, an employer is strictly (automatically) liable if a supervisor or manager engages in this type of harassment. Continue Reading ›

Louise Davies is an Affirmative Action Paralegal in Constangy’s Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan College in Macon, Georgia.

In February 2016, the Office of Federal Contract Compliance Programs filed an administrative complaint against B&H Foto, the largest non-chain photo and video equipment store in the United States. The Complaint alleged that B&H had discriminated against female, black, and Asian jobseekers by hiring only Hispanic men for entry-level positions.  The OFCCP also alleged that Hispanic employees were harassed, paid less than similarly situated workers, and denied promotions because of their ethnicity.

The agency and the company recently entered into a consent decree, in which B&H agreed to pay $3.22 million in back wages to more than 1,300 affected class members. The company has also agreed to hire a workplace consultant to address its employment practices and workplace conduct. In addition, the company must provide its managers with annual training on EEO principles and on workplace harassment.

By agreeing to the consent decree, the company did not admit any guilt or wrongdoing. The company released a statement denying all of the allegations, but recognizing that litigation would be costly and resolution would allow it to return to business “as usual” with the government. Continue Reading ›

How much can you do - and not do - about your employees' personal appearance and grooming? Take this quiz and find out! As usual, I'll have the answers at the end, so if you get one wrong, no one but you will know.

QUESTION 1: If I operate in a jurisdiction that doesn't have a law against appearance discrimination, I can make any rules about appearance and grooming that I want. 

TRUE

FALSE

QUESTION 2: My employees are required by OSHA to wear masks on the job. The masks are no good unless there is a proper seal around the employee's mouth and nose. Since facial hair prevents a good seal from forming, we have a no-beard policy. I have one employee who is Sikh and wears a beard for religious reasons. What should I do?

A. Let him keep his beard and pray that the mask will work without the proper seal.

B. Tell him he has to shave the beard off or lose his job.

C. Meet with him and explain that the mask is required by OSHA and the safety rationale for the rule. Talk with him about reasonable accommodations, which might include use of a different type of mask that works with a beard, or transfer to another position that doesn't require use of a mask. After you've talked and perhaps consulted with vendors or safety experts, make a determination of what to do that won't violate the law or endanger his safety while accommodating his beliefs as much as you can. Continue Reading ›

No more pencils, no more books, no more teacher's dirty looks . . . except for one little quiz on employment law issues that come up during the summer. Continue Reading ›