Volume 19 | July 2020

HR & the Law in the News

Bringing You More News Stories in a Shorter Format!

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What You See May Be What You Get: Perception Discrimination This case reminds me of School House Rock's Conjunction Junction ! An employee is fired after missing 9 1/2 out of 15 work weeks. All but two of those days were for removal of a node from the employee's lung and subsequent recovery. Then six weeks later, the employee used two days of vacation for a respiratory infection. On the employee's second day back, he was fired. The employee sued, alleging he was fired because he was perceived by his employer as having a disability under the Americans with Disabilities Act (ADA). The lower court found in favor of the employer. Why did the appellate court disagree?

Click here to read more including three tips!

Let the Claims Begin! COVID-19 Lawsuits

From COVID-19 has evolved a slew of new laws, regulations, guidance and, yes, lawsuits. As of early May, the American Bar Association  reported  that nearly 800 COVID-19 related lawsuits had been filed. Employers should give due thought and consideration to these trends and ensure they avoid these legal pitfalls: from OSHA to unemployment to workers' compensation, and more!

Click here for more information and related links.

When Good Intentions Go Awry: Benevolent Discrimination

The U.S. EEOC continues to update its website with FAQ's related to COVID-19, the ADA and more. One update posted on June 11th addresses "benevolent" discrimination (See Q & A H.1.) Potential pitfalls include treating employees differently based on age, sex, caregiver responsibilities, disability and more. Don't feel like scrolling through all 45 Q & A's ? Join FiveL's July webcast, " Workplace Discrimination: The Evolution Continues ." 100% of survey respondents from FiveL's June 24th webcast, " Recruitment, Selection & Hiring " rated the quality and usefulness of the information as "Excellent" (92%) or "Above Average" (8%)!

Click here for the latest FAQ's.

Law of the Land: SCOTUS Rules

On June 15th, the U.S. Supreme Court of the United States held that Title VII of the Civil Rights Act of 1964's prohibition against discrimination "based on sex" includes sexual orientation and gender identity. Specifically, the Justices found, "An employer who fires an employee merely for being gay or transgender violates Title VII." Why did the court use the word "merely"? How will this impact employment policies and practices? For more information on this and related trends (Top 10), join FiveL Company's July 22nd webcast, " Workplace Discrimination: The Evolution Continues ."

OSHA Updates COVID-19 Recordkeeping Guidance

If you have an employee that has tested positive for COVID-19, you may need to determine if the illness is work-related. Effective May 26th, OHSA updated its prior guidance for covered employers' recordkeeping obligations related to COVID-19 reportable illnesses. The new guidance lists three factors an employer should consider to determine if a COVID-19 event is a reportable illness. What if you cannot make a reasonable determination if the three factors have been met? Click the box below for OSHA's related guidance.

Click here for OSHA's three factors, further guidance & related links.

When It's Not Music to Your Ears

A medley. Merriam-Webster defines it as "a musical composition made up of a series of songs or short pieces." Sounds nice. Not when it is what one court described as a "medley of ageist slurs and putdowns." Even if well-intentioned or in jest, employees’ use of nicknames like “grandpa” or “dinosaur” may defeat your ability to get a charge of age discrimination dismissed. Not to mention, supervisors asking an employee when he is going to retire can have the same effect. That’s what happened after a 63-year-old, top salesman filed a charge of age discrimination. Click here for the full story "Old Dog, Old Tricks" and two tips.

Two New Learning Opportunities: Distance Learning Library

FiveL Company has extended its discount for the 2020 webcast series subscriptions. You can still subscribe for the 2020 upcoming webcasts and get one FREE! Click here for more information or to subscribe. In addition, FiveL Company is offering access to its full listing of all 26 recorded and archived webcasts (August 2018 through June 2020). Each is pre-approved by HRCI and SHRM for 1.25 credits. Want access to the full library with just one discounted, payment? Click here to ask for more information on discounted pricing for the purchase of at least five up to all 26 programs!

Sneak Peek: Click here for the full listing of all "Archived Events".

Want more e-News ?  See a full listing of news updates here .

Click here to order your copy today! In its 2nd Edition ! A SHRMStore " Great 8" Best-Seller 8 Years in a Row ! Thank YOU !

Recent and Upcoming Events! Upcoming : Wednesday, July 22nd, "Workplace Discrimination: The Evolution Continues" FiveL webcast Recent Events : June 24th, "Recruitment, Selection & Hiring: The Latest Tips & Tools." FiveL webcast $25 pp. Pre-approved by SHRM & HRCI for 1.25 credits. Click Here for a Full List of Events!

This publication does not constitute the rendering of legal advice. You should consult your company's legal counsel for guidance on any matter.

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