Tag: discrimination

Aspects of Attendance Management Program Ruled Discriminatory

By David Wong Attendance management programs themselves aren’t discriminatory — they just need to be carefully designed and properly applied. Such is the latest conclusion in continuing litigation between Coast Mountain Bus Company Ltd. and the Canadian Auto Workers, a battle over an attendance management program covering transit operators in the Greater Vancouver region in […]

Not the Godfather

When the show started, I thought it was going to be a doozy, with Pam conducting Sabre’s Hygiene Day, but it quickly shifted to something far more, well, mundane — and far more complicated — personal relationships at work. No, not the intimate kind — rather, the kind where workers become friends, in some cases close friends, […]

A Picture is Worth a Thousand Gags

Kidnapping day laborers = possible jail time for Dwight; giving Oscar another paid vacation and use of a company car= $15,000; settling claims related to Andy’s sex-ed course = more than just some free pizza; watching Michael try to convince an elderly stranger that they were once lovers = priceless. Between Michael tracking down his former girlfriends […]

Nine Years Later: Religion and National Origin in the Workplace

For a week, the nation’s news reporters were captivated by a Florida preacher’s plans to burn the Quran on the anniversary of the September 11th terrorist attacks. Although he ultimately backed down, his campaign and the heated debates and protests over planned mosques near ground zero and in other parts of the country have drawn […]

Ninth Circuit Again Allows EEOC to Pursue Navajo-Preference Claim

Title VII of the Civil Rights Act of 1964 allows employers on or near an Indian reservation to give preferential treatment to Indians living in the vicinity. But the Equal Employment Opportunity Commission (EEOC) takes the position that this provision doesn’t permit preference for members of a particular tribe. In the continuing saga of a […]

Paycheck Fairness Act Update and Other Compensation Concerns

by David S. Fortney, Fortney & Scott, LLC Well-counseled employers know their company’s compensation systems increasingly are subject to enforcement actions and litigation challenges. The trend of employers facing significant challenges to their compensation systems is both continuing and accelerating. Recent developments include renewed efforts by the White House to enact legislation to increase employers’ […]

At Age 20, ADA Still Hasn’t Fully Matured

Earlier this week, the Americans with Disabilities Act (ADA) passed a major milestone when it turned 20 years old. Like most 20-year-olds, it (1) didn’t get this far without some growing pains and (2) still has a ways to go before reaching full maturity. Let’s take a look back at where the law began, how […]

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, […]

Administaff Pays $115,000 For Religious Bias

Administaff, Inc., a nationwide company that provides full-service HR services to small and medium-size businesses, has agreed to pay $115,000 and furnish substantial remedial relief to settle a religious harassment lawsuit filed by the Equal Employment Opportunity Commission (EEOC) in Baltimore. According to the EEOC’s suit, Texas-based Administaff and Conn-x, LLC, a Florida-based cable service […]

Memorandum Extends Benefits to Same-Sex Partners of Executive Branch Employees

On Wednesday, President Barack Obama signed a federal memorandum requiring executive agencies to extend to same-sex partners the employment benefits equivalent to those granted to opposite-sex partners. The memorandum expands benefits previously provided to same-sex partners in an executive memorandum signed last October and is the latest in a handful of government moves to preserve […]