Tag: EEOC

EEOC Issues Helpful (!) Guidance on Religious Garb and Grooming in the Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) has issued helpful guidance on how federal employment discrimination law applies to religious dress and grooming practices. Here are highlights of the guidance. In most instances, federal law requires employers to make exceptions to their usual rules or preferences to permit applicants and employees to observe religious dress […]

EEOC Increases Fine for Notice Posting Failures

Beginning next month, employers can be fined $210 per incidence for failing to post notices required by federal nondiscrimination laws. The change, which raises the fine from $100 per incidence, was announced in the Federal Register Wednesday (29 C.F.R. Part 1601). It takes effect April 18. Title VII of the Civil Rights Act of 1964, […]

Can You Terminate Those with the Highest Salaries?

While salary level may be a legitimate factor in determining which employees to lay off, it cannot be the determining factor if it adversely affects older workers, says Tinnin, who is a partner with Tinnin Law Firm in Albuquerque, New Mexico, and editor of New Mexico Employment Law Letter. In 2005, he adds, the U.S. […]

Mental disorders: How will DSM-5 affect California employers?

What is DSM-5? It is the new edition of the Diagnostic and Statistical Manual of Mental Disorders, released by the American Psychiatric Association on May 18, 2013. This is the first substantial update to the DSM since 1994, and it reorganizes the classification system and changes the names of some disorders to simplify diagnostics for practitioners. The DSM is primarily used by psychiatrists and other mental health professionals in diagnosing patients, but its influence extends to the courts and the development of employment law.

New Affirmative Action Regs Puzzle and Mystify

Some organizations have decided that the new affirmative action regulations will be so burdensome that they are working their way out of contractor status, says attorney David Fortney. “We’re tired of being hassled,” they say, and they are wrapping up their government contracts.

Not ‘Discipline’ … but ‘Opportunity to Improve’

Yesterday, we presented attorney Jathan Janove’s suggestions for dealing with employees who say, “My aberrant behavior was caused by my disability.” Today, we’ll give you more of his tips—plus an introduction to an upcoming California-specific ADA/FEHA training session.

Perceived Symbols of Wealth Will Quickly Derail Your Mediation

In yesterday’s Advisor, EEOC mediator Elizabeth Marcus offered “8 myths of mediation.” Today, more of her tips for making mediation work, plus an introduction to the all-things-HR-in-one-place website, HR.BLR.com. Marcus offered her tips on succeeding with mediation at a recent meeting of the Employers’ Counsel Network (ECN) in Springfield, Massachusetts. The Employers’ Counsel Network includes […]

Mediation: It Works, But Here Are Eight Myths

Mediation is mocked in some parts of the country, but New England region attorneys at a recent meeting of the Employers’ Counsel Network reported good experiences with the process. EEOC Mediator Elizabeth Marcus offered her eight myths of mediation at the meeting. The Employers’ Counsel Network includes the attorneys from each state who write BLR’s […]

Two Employees Fired for Not Participating in Scientology, Lawsuit Claims

A Miami company that provides medical and chiropractic services, has agreed to settle a religious discrimination lawsuit that claimed it required certain employees to spend at least half their work days in courses that involved Scientology religious practices, such as screaming at ashtrays or staring at someone for 8 hours without moving. The lawsuit was […]