EEOC Is Committed to Ending Workplace Harassment
Curbing workplace sexual harassment is an ongoing priority for the Equal Employment Opportunity Commission (EEOC), according to agency leaders. The EEOC received more sexual-harassment charges in fiscal year 2018 than 2017 and filed more sexual-harassment lawsuits on behalf of aggrieved workers. The agency has put a huge emphasis on anti-harassment efforts and is focusing on…
Read MoreOFCCP’s Agenda for 2019: More Audits and Increased Transparency
As contractors start to see new scheduling letters arrive from OFCCP’s latest round of advance notification letters, OFCCP has new opportunities to demonstrate its commitment to transparency, through implementation of the Agency’s recently released Directive 2018-08: Transparency in OFCCP Compliance Activities. The Agency’s stated philosophy is that transparency should “guide OFCCP staff during every stage of the compliance evaluation, from beginning to…
Read MoreEmployers Can Be Liable for Distracted Driving???
Technology has made it easier for employees to work and drive It’s easy to imagine: A manager takes a business call while driving to work, a driver browses social media while delivering packages, or a salesperson who’s stuck in traffic sends a text to a client. So what happens when distracted drivers cause accidents while…
Read MoreHarassment Claim Advances Despite Failure to Report Misconduct
An employee’s sexual harassment claim against her former employer could proceed to trial, even though she did not report the alleged conduct to management during her tenure, the 3rd U.S. Circuit Court of Appeals decided. Other employees did report incidents of harassment by the alleged harasser, however. The plaintiff began her employment with Susquehanna County,…
Read MoreNew FMLA Forms Available from Department of Labor
Executive Summary: The U.S. Department of Labor (DOL) released new Family and Medical Leave Act (FMLA) notices and certification forms on September 4, 2018. The new forms are valid until August 31, 2021, and are available for download from the DOL Website. Notably, the DOL did not make any material changes to the prior forms;…
Read MoreOnce Is Enough: Eleventh Circuit Allows Racial Harassment Claim Against Health Care Provider to Proceed—and Takeaways For Employers
Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals, with appellate jurisdiction over the district courts in the following districts: Middle District of Alabama. Northern District of Alabama. … Southern District of Georgia, held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment. Additionally, the…
Read MoreDo Counteroffers Make Sense?
Countering a competitor’s offer won’t keep an employee for long if other issues aren’t resolved When an employee decides to take another job, should an employer make a counteroffer, usually in the form of a pay increase, in the hope of retaining that employee? For many companies, the answer is yes. A 2018 survey of…
Read MoreThe Deceptive Complexity of Criminal Background Checks
In order to conduct a compliant criminal background check, employers ordinarily must comply not only with the federal Fair Credit Reporting (FCRA) Act, but also state and local laws. This includes not only ban the box laws, but also laws that impose additional restrictions and requirements beyond when a criminal background check can occur. Not…
Read MorePrepare for EEOC Onsite Visits
HR professionals whose companies have pending Equal Employment Opportunity Commission (EEOC) charges against them should be ready for the possibility of an EEOC onsite visit and should turn the visit into an opportunity to show how the company complies with anti-discrimination laws. A site visit to follow up on an EEOC charge signals that this…
Read MoreWho’s The Boss? Limiting Your Liability For Employee Misconduct
Here are some ways to reduce your exposure if your employees get you sued. Whether harm arises from an accident with a company vehicle, an assault in a customer’s home, or harassment of an employee by a co-worker, the victim — or, more accurately, the victim’s attorney — is going to want to go after…
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