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Same-gender Marriage Debate Continues in the States

Employers still have to contend with plenty of uncertainty regarding employees’ same-gender spouses, regardless of the U.S. Supreme Court ruling in U.S. v. Windsor (No. 12-307, June 26, 2013). That decision may have declared Section 3 of the federal Defense of Marriage Act unconstitutional, but it was a narrow ruling that left divergent state laws […]

Bias Charge Filings Drop Slightly

The U.S. Equal Employment Opportunity Commission (EEOC) has reported that discrimination charge filings in 2005 were down in all bias categories, and dropped by 5 percent overall. The EEOC received 75,428 charges for the fiscal year 2005 (which ended Sept. 30) and recovered almost $380 million in monetary relief through enforcement actions and litigation. The […]

New Wyoming law will help employers protect their computer systems

by Bradley T. Cave A Wyoming law going into effect on July 1 creates a new criminal offense—computer trespassing—that may give employers a new tool to prevent employee sabotage. Computer trespassing occurs when a person knowingly and without authorization sends malware, data, or a program that (1) alters or damages a computer, system, or network […]

All Eyes on Arizona

Arizona’s new immigration law, Senate Bill (SB) 1070, authorizes state and local law enforcement officials to inquire into the immigration status of any person “where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States.” The law regulates aliens directly, not by means of the employer-employee relationship. Nevertheless, […]

EEOC issues FY 2013 performance report

On December 16, 2013, the Equal Employment Opportunity Commission (EEOC) issued its fiscal year (FY) 2013 performance report, which indicates the agency is as busy as ever. According to the report, the EEOC received a total of 93,727 private-sector charges of discrimination in FY 2013, making it one of the top five fiscal years in […]

New ADA Regs ‘Clarify’ the Law’s Muddy Waters

Topic: E-pinions By Stephen D. Bruce, PHR Editor, HR Daily Advisor Just My E-pinion Last year, EEOC logged 25,000 charge filings for ADA violations—and that’s all before the new regs the EEOC issued today; these new regs are expected to make it much easier for employees to claim protected status. Here are some excerpts from […]

Social Media: HR Should Heed Two Lessons From New NLRB Report

Based on recent case law, when it comes to social media, human resources (HR) professionals need to be mindful of the scope of their policies, as well as the context of employee comments on that platform, according to the National Labor Relations Board (NLRB). On Jan. 24, NLRB Acting General Counsel Lafe Solomon released his […]

Legislation Sepcial Report: Employee Leave

Leave for Crime Victims and Their Families Under SB 478, employees who are the victims of serious crimes and relatives and domestic partners of crime victims can take unpaid leave from work to attend legal proceedings. This new law applies to all employers, regardless of how many employees you have. Be sure to immediately update […]

Age Bias Becoming Battleground Issue for Employers

Earlier this month, a statewide class-action lawsuit was filed in a Northern California federal court, alleging that Minnesota-based giant 3M systematically discriminates against older employees. The lawsuit follows a similar case already pending in 3M’s home state.