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Discrimination Against Breastfeeding Employee Leads to Jury Verdict

With the passage of the Affordable Care Act (ACA), federal law required employers with more than 50 employees to provide breastfeeding employees a private location, other than a toilet stall, where they can express breast milk in privacy. And, of course, the Pregnancy Discrimination Act (PDA) has prohibited discrimination “on the basis of pregnancy, childbirth, […]

With OSHA Enforcement Heating up, Taking Breaks Now Even Better Idea

On September 1, 2021, the Occupational Safety and Health Administration (OSHA) released a memorandum establishing a new enforcement initiative to prevent and protect employees from heat-related severe illnesses and deaths while working in hazardous hot indoor or outdoor environments. 

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Your ‘Worker Experience’ May Be Impacting Your Bottom Line

A new study examines global worker and customer experiences across industries. The Worker Shapes The Customers’ Experience study—released by Appirio, a global services company that helps customers create next-generation worker and customer experiences—shows that while executives say they understand the importance of worker experience and its impact on customer experience (and thereby customer loyalty and […]

Employee Performance Reviews and Pretext

by Paul Ross As veterans of employment litigation can tell you, employment discrimination claims are rarely supported by direct evidence of discriminatory decision making. In the overwhelming majority of cases, employees support their entire case with circumstantial evidence. In short, they attempt to cast as much doubt as possible on the reasons offered by the […]

Help, They Made Me a Supervisor—Part 2—What to Do

Help, no kidding. New supervisors are in for a great ride, but if you don’t train them well—and fast—they’re going to crash and burn. Here are tips and news about a new audio conference especially for new supervisors.

Competency-Based Training

As the name implies, competency-based training is a type of training that is focused on specific competencies or skills. Today, we take a look at this type of training and its benefits.

Beware of sex-stereotyping claims

by Taylor Chapman In many situations, it is relatively easy to understand what constitutes discrimination on the basis of sex. For instance, you cannot refuse to hire an applicant because she is a woman or treat a female employee differently from a male employee because of her sex. The legal requirements become more uncertain, however, […]

Are Workers from an Agency Your Employees?

What about workers from a staffing agency? The staffing company, the client employer, or both may be the legal employer, says attorney Deanna Brinkerhoff. It depends on the workers’ duties, their work conditions, and the contractual basis on who controls what on the worksite. Brinkerhoff, an associate in the Las Vegas office of law firm […]

Accommodating Pregnant Employees

By BLR Senior Legal Editor Susan Schoenfeld, JD The challenge of how and when to accommodate pregnant employees has moved to the forefront as a result of recent changes to the law and recent guidance coming from the Equal Employment Opportunity Commission (EEOC).