Tag: Employment law

Summer jobs and workplace harassment: Train your teen workers to avoid trouble

by Joan Farrell June’s here and school’s out for the summer! For many teenagers, that means finding a summer job; and for most, it’s their first job or their first experience in a workplace. That means employers should be ready to provide training—and not just in the how-to’s of the job, but in appropriate workplace […]

Will 2013 see the beginning of the ENDA?

by Judith E. Kramer June was Lesbian, Gay, Bisexual, and Transgender Pride Month, and President Barack Obama marked the occasion by reaffirming his continued support of  “a fully inclusive Employment Non-Discrimination Act” (ENDA).  During the month, ENDA picked up additional support in the U.S. Senate as Senate Majority Leader Harry Reid (D-Nevada), Senator Heidi Heitkamp […]

Deen’s downfall doesn’t atone for injustices of the past

by John Phillips In the movie 42 when the Dodgers played the Redlegs in Cincinnati for the first time after Jackie Robinson had become a Dodger, the Reds’ fans greeted the Dodgers with considerable vitriol—like they were greeted at every ballpark where they played during Robinson’s rookie year. The Dodgers took the field, and the […]

Supreme Court rejects random alcohol testing policy in dangerous workplace

By Kyla Stott-Jess, Katie Clayton, and Hannah Roskey Canada’s highest court has ruled that random drug and alcohol testing in the workplace violates privacy rights. In Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd., the Supreme Court of Canada (SCC) considered the validity of a random alcohol testing […]

High Court Advances Same-sex Marriage and Impacts Employers

As a result of the U.S. Supreme Court rulings on same-sex marriage, employers throughout the United States will have to adjust their benefits plans, policies and documents to accommodate employees’ same-sex spouses for purposes of federal law and regulations. California employers will need to do the same for purposes of state law. On June 26, […]

Some interesting lessons from the U.S. Supreme Court

by Mark I. Schickman History will remember June 26’s U.S. Supreme Court decisions as the landmark cases supporting same-sex marriage, a coupling that will become commonplace in a decade or two. But these decisions and the affirmative action, Title VII of the Civil Rights Act of 1964, and voting rights cases that preceded them the […]

WHD clarifies definition of ‘son or daughter’ under FMLA

Earlier this year, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued Administrator’s Interpretation (AI) No. 2013-1, which can be found at  www.dol.gov/whd/opinion/adminintrprtn/fmla/2013/fmlaai2013_1.htm. The AI clarifies that the age of onset of a disability is irrelevant when determining whether an employee is entitled to take leave to care for an adult son […]

Title VII Standard for Retaliation Claims Gets Scaled Back by Supreme Court

Noting that the increasing number of employee retaliation claims in employment discrimination cases calls for the proper interpretation and implementation of statutory language, the U.S. Supreme Court on June 24 issued a 5-4 ruling that will likely make it easier for employers to fend off such claims. In University of Texas Southwestern Medical Center v. […]

Supreme Court Narrows Scope of ‘Supervisor’ Status in Title VII Discrimination Claims

The term “supervisor” is not to be taken lightly when determining the scope of employer liability in employment discrimination claims, according to the U.S. Supreme Court. On June 24, the court held in a 5-4 decision that an employee is a “supervisor” under Title VII of the Civil Rights Act only if he or she […]

Managing the message in the hiring process in Canada: human rights risks

By Marc Rodrigue Hiring a new employee can be a lengthy process, fraught with complex evaluations of skills, qualifications, and other attributes. The whole process must of course comply with applicable provincial and federal antidiscrimination laws. What people say during the process may provide evidence that a hiring decision is discriminatory. Where multiple people are […]