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Age Discrimination Lawsuits: Replacing A 40-Year-Old With A 56-Year-Old Co-Worker May Not Be As Risk-Free As It Seems

Most employers wouldn’t think that replacing a terminated worker over age 40 with someone who is much older would run afoul of the age discrimination laws. But a new case shows that even a seemingly uncomplicated termination like this can be seen as part of a pattern of age bias when examined under a magnifying […]

Federal contractors advised to get ready for new paid sick leave order

President Barack Obama’s latest Executive Order affecting federal contractors isn’t scheduled to take effect for more than a year, but employers with federal contracts are advised to take a look at their sick leave policies now to make sure they will be in compliance when the time comes. On September 7, Obama signed an Executive […]

Reminder: Sexual Harassment Training is Mandatory in California

California is one of only three states in the country that require mandatory sexual harassment prevention training for supervisors. Of those three—Connecticut and Maine are the other two—the rules for California employers are the most detailed. Failure to adequately train supervisors can become evidence in a lawsuit that an employer hasn’t taken “all reasonable and […]

Supreme Court of Canada Helps Employers with Duty to Accommodate Disabilities

by Rachel Ravary McCarthy Tetrault Last week’s decision in Hydro Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d’Hydro-Québec 2008 SCC 43 is good news for employers – finally there is a clear limit to your duty to accommodate employees who are chronically absent from work. Not only did the Supreme Court […]

Solis’ Proposed Budget Opens Door for 358 More DOL Inspectors, Staff

Today, Secretary of Labor Hilda Solis hosted her third live Web chat during her tenure with the U.S. Department of Labor (DOL). During the session, Solis answered questions on the department’s proposed budget for the 2011 fiscal year. She touched briefly on the agency’s plans with the requested $116.5 billion, a decrease from last year’s […]

News Flash: Employee Claims He Lost Promotion Due To HIV Status

Vincent Fusco, an American Airlines ticket agent from WalnutCreek, has filed a discrimination lawsuit against the airline for allegedly testing him for HIV in a roundabout way and then withdrawing a promotion offer for a flight attendant position after finding out about his HIV status. Following several prepromotion medical tests, the airline allegedly asked Fusco’s […]

NLRB Reports on Active Fiscal Year

The National Labor Relations Board (NLRB) concluded a busy fiscal year 2011 by reporting that it issued 368 decisions in contested cases while also pursuing two rulemaking initiatives during the year, which ended September 30. The NLRB issued a statement on November 8 summing up the year. Here are highlights: The Board considered 272 unfair […]