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Obama unveils compromise on health reform contraception rule

The Obama administration released a compromise plan February 1 on how contraception is covered under the healthcare reform law, but it’s not clear whether foes of the original requirement will approve. Under President Barack Obama’s Affordable Care Act, contraception is included as a free preventive service. The original rule exempted religious groups that employ mostly […]

Sexual Harassment: Teenager To Get $750,000 For Roughhousing By Supervisor

A recent case illustrates that sexual harassment claims can encompass actions other than traditional sexually oriented conduct. A 15-year-old student who was hired to answer the telephone at a nonprofit agency in the San Francisco area will receive $750,000 in a confidential settlement of his claim that a supervisor harassed him through aggressive “roughhousing” and […]

Diversity: The Ends Don’t Necessarily Justify the Means; How Two Important New Supreme Court Rulings Affect Employers

Regardless of whether your workplace has a formal diversity policy, it’s often hard to determine how and when race can be used as a criterion for hiring decisions. Two major new U.S. Supreme Court decisions offer some guidance. Although the cases deal with university admissions rather than workplace hiring, the court set out standards for […]

Violent Employees: Risk Assessment Checklist

It’s important to understand the warning signs that a worker might be headed for violent behavior. Here’s a list of stress factors, cues, and signals that many psychologists believe may indicate potential for violent behavior in the workplace. Of course, just how significant any of these factors may be will depend on your situation:

News Notes: One-Month Delay In Returning Worker To Job Violated FMLA

  Honda of America Manufacturing Inc. violated the federal Family and Medical Leave Act (FMLA) by delaying an employee’s reinstatement for one month following the employee’s notification that she was ready to return from a medical leave. A federal appeals court said that under the FMLA, job restoration must occur once the employee is capable […]

News Notes: Expanded Mental Health Parity Measure Dies In Congress

House Republicans have defeated a measure that would have forced insurers to cover mental health conditions to the same extent that they cover other medical problems. The provision, which the Senate had tacked on to a federal spending bill, would not have required employers to provide mental health coverage as part of employee benefits, but […]

Court: Employers Can Condition Health Benefit on Wellness Participation

An employer may require its workers to participate in a wellness program in order to receive health insurance benefits, a federal district court has ruled, dismissing a lawsuit brought by the U.S. Equal Employment Opportunity Commission. Granting summary judgment for the employer, the U.S. District Court for the Western District of Wisconsin said it disagreed […]

Arbitrating Employment Disputes: State High Court Approves Use Of Arbitration Agreements But Many Will Require Changes; A 6-Point Checklist

The California Supreme Court has given an important stamp of approval to the use of mandatory arbitration clauses as a condition of employment as long as they meet certain requirements assuring fairness to employees. In the wake of the ruling, you’ll need to immediately review, and possibly revise, arbitration agreements signed by existing employees and […]

News Notes: Retirees Sue Pacbell Over Severance Plan

In a recent decision, the Ninth Circuit Court of Appeals has given six former PacBell employees the green light to sue on charges that the company induced them to accept an early retirement package by not disclosing that it was considering offering a better severance program. The court rejected PacBell’s claim that it had no […]