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Bathroom Etiquette Should Not Influence Hiring

By Robert P. Tinnin, Jr. Q: This morning I interviewed an applicant for a clerical position in our company. She appeared to be an attractive, personable young woman and was very engaging during the interview. However, I soon learned that “she” is really a “he,” at least anatomically. She told me she is preparing to […]

Notre Dame University Denied Contraception Injunction

The 7th Circuit in a 2-1 ruling refused to grant a preliminary injunction to Notre Dame University, which would have freed the university from participating in reform’s requirement to provide contraceptives at no cost to all women. In so doing the court criticized the university’s argument that signing an EBSA Form 700 — expressing objections to the contraceptive […]

Long-term unemployment seen holding back jobseekers

No law specifically says employers are prohibited from discriminating against job applicants who have been out of work for months or even years. The long-term unemployed don’t have protections spelled out in any antidiscrimination laws – or do they? When jobseekers are part of a protected class that has a disproportionate number of people unemployed, […]

News Notes: Federal Court Defines Duty To Notify Employees About Proposed Benefit Plan Changes

We reported in April on a federal court decision from Kentucky involving IBM which held that under federal law, if you’re seriously considering changes to a retirement benefit plan, you must tell your employees. Now, in a pair of new cases, the federal Ninth Circuit Court of Appeal has reached the same conclusion, explaining that […]

Don’t Get Tripped Up by ‘Reasonableness’ and ‘Alternatives’ Requirements for Wellness Programs

Can’t join your workplace wellness activities due to a health condition? Sure you can, using the government’s accessibility rules for wellness programs. Here’s a primer.  In yesterday’s Advisor, we looked at “benign discrimination” and “multiple plan” rules for wellness programs. Today, we look at the “reasonableness” test and the “alternative standard” requirement, and introduce a […]

New Index Measures Unretirement

The changing attitudes and expectations of American workers regarding retirement have been measured in Sun Life Financial Inc.’s first “Unretirement Index.” Unretirement is defined as working at least 20 hours per week after reaching the age when one is eligible to receive full social security benefits. The Unretirement Index measures consumer opinions toward five factors […]

Coming Soon to a Workplace Near You … A Lawsuit!

By BLR Founder and CEO Bob Brady Your plate is probably overly full with downsizing, trying to make ends meet, and trying to keep your budget projections at least somewhat in line with reality. The last thing you need to be dealing with is a lawsuit brought by a disgruntled employee or former employee. But […]