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DEI Gone Awry
A judge reportedly reduced a jury's award of $10M to $4M. The award was to a white male who was found to have been discriminated against on the basis of his sex and race.
The employer initiated a Diversity, Equity and Inclusion program. Even the Plaintiff "conceded" the program was properly implemented." So, what went wrong?
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Faulty No-Fault Attendance Policies
On September 29th, the U.S. EEOC announced that it filed a lawsuit against an employer who violated the Americans with Disabilities Act by failing to provide an employee with time off from work, then subsequently fired her under its no-fault attendance policy.
But that's just the beginning.
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NLRA's Protected Activity Goes Well Beyond Union Organizing
Imagine a group of your employees signs a petition addressed to you. They want to meet with you to voice their concerns about their wages (missing or delayed); poor working conditions (hot); and safety issues (lack of equipment). You effectively blow them off, refuse to meet, and tell them to remove their names from the petition or you will consider them to have resigned.
That might be lousy management but is it unlawful?
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Speaking of the NLRB...Are You May Employer? | |
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On September 6, 2022, the National Labor Relations Board (NLRB) announced it would publish a new, proposed joint employer rule. The joint employer rule is used to determine when two separate entities are both employers of the same employee, regardless of intent.
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The FLSA, Joint Employers & Unlawful Retaliation
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We know the Fair Labor standards Act prohibits retaliation against an employee for engaging in protected activities. This includes testifying or being about to testify in an FLSA proceeding.
But what if an employee is about to file a consent to join an FLSA collective action—but no such testimony has yet occurred or been scheduled or subpoenaed? Or what if the person is not an employee but an applicant? Are they protected?
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When Return to Work Policies Return to Haunt!
Nine employees filed a lawsuit against their employer(s) alleging the COVID-19 pandemic was used as a "mask" for discrimination.
When employees were called to return to work (RTW) after many had been were sent home during the pandemic, nine older workers (age 49 to 80) were not. They claim they were "ghosted" by never being told they were fired nor being called back to work.
Why do they think it had anything to do with their age?
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OCTOBER'S UPCOMING EVENTS
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Friday, October 14th, "Are You My Employer?" presented during CV SHRM's Legal & Legislative Conference, Hagerstown, MD,
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Tuesday, October18th, "Employment Law, Legislative & Regulatory Update," Columbia MD, 9 - Noon, hosted by Maryland Works, Inc.
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Wednesday, October 26th, "Four Legs of the ADA..." webcast, 10 - 11:15 a.m. ET
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Wednesday, October 26th, "Substance Use, Abuse and Testing," webcast, 3 - 4:15 p.m. ET
November Sneak Peeks!
ICYMI - September's Archived Webcasts
*Recorded event still provides the listed and pre-approved HRCI & SHRM credits.
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In its 2nd Edition!
A SHRMStore "Great 8" Best-Seller
8 Years in a Row!
Thank YOU!
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This publication does not constitute the rendering of legal advice. You should consult your company's legal counsel for guidance on any matter. | | | | | |
