In August, the Office of Federal Contract Compliance Programs (OFCCP) released major revisions to the regulations on the laws requiring federal contractors and subcontractors to engage in affirmative action for disabled individuals and veterans. Our lawyers, Richard Gerakitis, Ashley Hager and Jim McCabe, recently presented a webinar on the latest revisions to these laws. See the presentation below or click here for our advisory on the new regulations.
Iowa Supreme Court affirms: not discriminatory to terminate attractive employee
After reconsidering it’s previous ruling – discussed here – the all-male Iowa Supreme Court issued a new opinion and affirmed that a boss could lawfully fire an attractive employee in order to allay his wife’s fear about potential adultery.
In its initial ruling, the court said that Dr. Knight terminated
Iowa Supreme Court Reconsiders “Irresistible Employee” Ruling
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
Supreme Court Decides: Proving Retaliation Under Title VII
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).
Supreme Court Defines “Supervisor” for Title VII Purposes
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.”
Thoughtless Comments Make For Easy Pickings
The EEOC just sued J.C. Penney claiming that it refused to hire a woman at a Brunswick, Georgia store because she was pregnant. While that is not big news (except to perhaps the woman and the management at that J.C. Penney location), the lawsuit offers some good lessons.
Why? Well, the case involves two interesting set of accusations.
A Vegan Walks into a Hospital …
Common sense tells us that it is a good idea for certain companies – hospitals, physicians’ offices, nursing homes, day care centers, and more, to take appropriate measures to safeguard the health of both the workforce and any population it serves. By this logic, a policy requiring healthcare employees to receive flu shots seems reasonably calculated to protect employees and patrons, as well as to control the spread of communicable disease. But, is it legal?
Forget Sequestration: Here’s What You Need to Know About the OFCCP’s Expanded Compensation Investigation Procedures
A few days ago, I watched the PBS special, MAKERS: Women Who Make America, about the women’s movement and women’s struggles for equality at home and at work. The documentary highlighted the combined efforts of women across the country in their fight to eradicate gender discrimination, sexual harassment, and unequal pay in the work place. One thing that was particularly shocking was how members of the federal government in the past fought hard to maintain the status quo and keep women out of the workforce.
Oh, how times have changed.
The List: Making 2013 an HR Success – Part 2
The last post, Part 1, set forth the first five items on a wish list from an attorney’s perspective – specific ways in which a Human Resources department can minimize problems down the road. The final five items are just as important. Read on …
The List: Making 2013 an HR Success – Part 1
Human Resources professionals have a job that requires a great deal of effort – a good HR Manager will stay on top of developments in employment law; establish sound, consistent procedures for managing typical staff issues, such as leave requests, on-site injuries, and separation from employment; and cultivate good relationships between employees and management. From the other side of the phone line, however, comes a wish list from an attorney’s perspective – what the Human Resources department should consider doing to help minimize difficulty down the road and ensure as successful an HR year as possible.