The Iowa Supreme Court will reconsider its ruling regarding whether it was unlawful sex discrimination for a dentist to fire his assistant because she was “irresistible” and because the dentist’s wife viewed the assistant as a threat to their marriage. We previously reviewed the case and the Iowa Supreme Court’s
It was a busy day for the Supreme Court, and, in particular, with regard to the employment context. But, in its second decision of the day relating to Title VII, the Court issued another favorable ruling for employers.
In University of Texas Southwestern Medical Center v. Nassar, the Court was tasked with deciding the standard a plaintiff must meet to establish a retaliation claim under Title VII (e.g., a claim that the employer retaliated against the employee for engaging in protected activity — opposing an unlawful practice or participating in an investigation or filing an EEOC Charge).
The Supreme Court has just issued its decision in Vance v. Ball State holding that an employee is a “supervisor” for vicarious liability under Title VII only if she has the power given by the employer to take tangible employment actions against the victim. The Court defines “tangible employment action” to include actions that have a “significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.”
Name: Josalyn Gibson
Title: HR Director
Company: Southern Community Newspapers, Inc. (“SCNI”)
1. How many years have you been working in HR? 20 years.
2. Favorite thing about working in HR? Every day is different.
3. Best piece of advice you ever received about a career in HR? Never bring personal belongings into your office that you can’t take out in your purse.
As we previously discussed here, the National Labor Relations Board announced last month that it will seek U.S. Supreme Court review of the D.C. Circuit’s Noel Canning decision, which invalidated President Obama’s purported recess appointments to the Board, and held that the existing three-member Board lacks the quorum required for it to legally act. The Board’s deadline to request Supreme Court review (known as a petition for certiorari) is April 25, 2013, but even if the Supreme Court agrees to hear the case, this matter will not be resolved quickly and the Board’s refusal to curtail its activities pending that resolution continues to vex both employers and unions.
In the meantime, both the President and House Republicans are seeking ways to avoid ongoing action by the Board without the required quorum.
The media has been full of stories recently about efforts by the city councils in New York City and Philadelphia to pass laws requiring employers to provide employees with paid sick leave. While it appears that the New York City law will come into effect, as it has enough support in the council to overcome the expected veto of Mayor Bloomberg, the Philadelphia city council does not have enough votes to override Mayor Nutter’s veto.
Who has not felt like they needed to take a few days off from work to regroup and clear their minds before tacking your job’s many challenges? I call these days off “mental health days.” While everyone needs to take some time off (whether it’s over a weekend, extended vacation, or holiday), a federal district court in Florida has confirmed that the need for mental health days does not count as a serious medical condition under the Family and Medical Leave Act (“FMLA”).
The United States Citizenship and Immigration Services (the “USCIS”) recently released the new Eligibility Verification Form, Form I-9 (Rev. 03/08/13), as well as a revised Handbook for Employers (M-274). The revised form is longer—two pages, rather than one—and includes additional instructions for completing the form. It also includes new fields for e-mail address, phone number, and foreign passport numbers in Section 1 of the Form.
The National Labor Relations Board (the “NLRB”) recently announced that it will seek U.S. Supreme Court review of the D.C. Circuit’s Noel Canning decision, which invalidated President Obama’s purported recess appointments of three of the Board’s five members. As we previously discussed here, the D.C. Circuit held that because the Board members were not properly appointed, the Board lacked the quorum it needed to act.
Name: Andrea Towe
Title: Employee Relations Consultant
Company: Southern Company Services, Inc.
1. How many years have you been working in HR? Approximately 8 years in HR, and 6 years in Employee Relations-General Counsel.
2. Favorite thing about working in HR? I enjoy helping others with their career goals and resolving personnel issues. I also like the variety of work involved in HR.
3. Best piece of advice you ever received about a career in HR? One must have patience and superior listening skills!