By Porter Wright on Federal Acquisition Regulatory Council (FAR) has updated the jurisdictional thresholds for coverage under affirmative action laws for federal contractors and subcontractors. The regulations have not been amended, but an inflationary adjustment statute applicable to the Section 503 of the Rehabilitation Act of 1973 (Section 503) and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 … Continue Reading
By Brian Hall on 2016 has arrived, marking the beginning of a year of political transition. While we cannot be certain what the upcoming Presidential election holds for 2017, we can expect to see at least seven employment law trends as we move through this year. 1. Increase in Fair Labor Standards Act (FLSA) initiatives and enforcement The Department … Continue Reading
By Porter Wright on Whether the U.S. Equal Employment Opportunity Commission is taking advantage of the fact that HIV infection has been in the news lately (thanks to Charlie Sheen’s recent disclosure about his own HIV status) or the timing is pure coincidence, the EEOC earlier this month issued two publications regarding the rights afforded by the Americans with … Continue Reading
By Porter Wright on OFCCP has said that it will issue final rules in May 2016 requiring federal contractors and subcontractors to submit electronic pay data. This rule has been highly controversial since it was first proposed in 2011. Currently there is no obligation for contractors to submit pay data to OFCCP except in the course of an affirmative … Continue Reading
By Porter Wright on The U.S. Department of Justice (DOJ) yet again delayed the anticipated rulemaking for website accessibility under the Americans with Disabilities Act (ADA). The guidelines are now expected sometime in 2018 (delayed from the most recent expected date of April 2016). But, as I will discuss below, that does not mean that businesses transacting business with … Continue Reading
By Porter Wright on The Equal Employment Opportunity Commission’s (EEOC) regulatory agenda indicated that it intends to finalize its two rules governing employer wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Non-Discrimination Act (GINA) by February 2016. You can read about the proposed ADA changes here. The EEOC just recently published its proposal to amend … Continue Reading
By Porter Wright on One of the first cases filed by the U.S. Equal Employment Opportunity Commission (EEOC) following its 2012 updated guidance on the use of arrest and conviction records in employment decisions has been resolved. Last month, a federal court in South Carolina approved a settlement in which BMW Manufacturing Co., LLC (BMW) agreed to pay $1.6 … Continue Reading
By Porter Wright on Paid Sick Leave In conjunction with the Labor Day holiday, President Obama signed a new Executive Order requiring paid sick leave for employees of federal contractors and subcontractors. This executive order comes on the heels of a patchwork of state and local paid sick leave laws and failed efforts to enact any federal paid sick … Continue Reading
By Porter Wright on Pre-employment tests are commonly used by employers to prescreen applicants and/or determine if applicants are suitable for hire. Employers should be careful what they ask on these tests for two reasons: (1) the ADA and (2) potential disparate impact discrimination claims. The EEOC recently settled its challenge to Target’s pre-employment testing for $2.8 million. The … Continue Reading
By Porter Wright on Thanks to Summer Associate Christopher Hawthorne for his assistance with this blog entry. In an era of consumers making choices based on whether companies have ethical labor and sourcing practices, a new app now tracks how female friendly a company is. “Buy Up Index,” reveals whether a company’s workplace policies and practices accommodate and empower its … Continue Reading
By Porter Wright on The Sixth Circuit Court of Appeals reverses district court’s summary judgment ruling in Yazdian v. ConMed Endoscopic Tech., Inc., on a Title VII retaliation claim, finding a reasonable jury could conclude the former employee was terminated for engaging in protected activity. Background Reza Yazdian, an Iranian-American Muslim, was employed with ConMed Endoscopic Tech., Inc. from … Continue Reading
By Porter Wright on Thanks to Porter Wright Summer Associate Carolyn Alford for her assistance in preparing this blog post. The recent tragedy in South Carolina, where a reputed white supremacist opened fire on a crowd of Black churchgoers, has propelled the Confederate flag as a symbol of racism back into the public spotlight, after a picture surfaced of … Continue Reading
By Porter Wright on Americans with Disabilities Act compliance can take you beyond workplace and employment issues. If you operate a business accessible to the public then the ADA public accommodation rules are important to you as well. That can mean more than just making sure your physical facilities are accessible. If you maintain a website for use by … Continue Reading
By Porter Wright on The Office of Federal Contract Compliance Programs (OFCCP) recently posted sample affirmative action plans (AAPs) for individuals with disabilities and veterans to its website, available here. The forms should be helpful guidance for companies who are federal contractors and subcontractors who are looking to comply with new regulations that took effect on March 24, 2014 … Continue Reading
By Porter Wright on Federal and state laws prohibit discrimination and/or harassment on the basis of religion. This means that an employer cannot treat persons of different religions differently or appear to favor one religion over another. As such, employers should be mindful of varying cultural differences among their employees. While their are not as many religious holidays during the … Continue Reading
By Porter Wright on Need to refresh your workplace? Join Porter Wright’s Labor and Employment Group on Wednesday, May 13 as we share Fresh Ideas for Employers Topics Include: Freshly Picked: A Review of Recent Employment Law Updates Tracey L. Turnbull, Porter Wright As you look to make sure your policies and practices reflect recent developments, you will not want to … Continue Reading
By Porter Wright on On Wednesday of this week, the U.S. Supreme Court unanimously vacated and remanded a 7th Circuit decision that said courts could not review whether the Equal Employment Opportunity Commission (EEOC) satisfied its conciliation obligations under Title VII. Mach Mining LLC v. EEOC, No. 13-1019 (2015). The review the Court permitted, however, remains limited and courts are … Continue Reading
By Brian Hall on On April 16, 2015, the EEOC released its long-anticipated proposed rule on the extent to which the ADA permits employers to offer incentives to employees to promote participation in wellness programs that are employee health programs. For the most part, the rule reflects the EEOC’s efforts to make the ADA’s requirements consistent with the requirements … Continue Reading
By Brian Hall on Almost a year ago, we wrote that a panel of the Sixth Circuit in EEOC v. Ford Motor Company, bucking the trend elsewhere, had held that an employer could be required to permit an employee to work from home as a reasonable accommodation for a disability. Last week, however, the entire Sixth Circuit, in an … Continue Reading
By Mike Underwood on In December, 2014, Jamie LaPlante wrote here about expanded obligations under the affirmative action laws that cover federal contractors and subcontractors. Among the changes she mentioned was the April 8th effective date for the inclusion of sexual orientation and gender identity among the classes protected under affirmative action laws. The expanded protections apply to all federal … Continue Reading
By Porter Wright on Yesterday, in a 6-3 decision, the U.S. Supreme Court clarified the Pregnancy Discrimination Act (PDA) and answered the question of how to apply the law to an employer’s policy that accommodates many, but not all, workers with non-pregnancy related issues. Peggy Young was a part-time driver for United Parcel Service (UPS). After becoming pregnant, her doctor … Continue Reading
By Porter Wright on On Monday, February 23, 2015, the Department of Labor issued a new rule providing FMLA leave benefits to workers in legal, same-sex marriages, regardless of where the couple resides. Employees in same-sex marriages now have consistent federal family leave rights as those in opposite-sex marriages to take leave to care for a spouse with a … Continue Reading
By Porter Wright on The Sixth Circuit Court of Appeals provides a common sense decision in Yeager v. FirstEnergy Generation Corporation, reminding employers they are not liable under Title VII when “accommodating an employee’s religious beliefs would require the employer to violate federal. . . law.” Donald Yeager, a Fundamentalist Christian, disavowed and disclaimed his social security number when … Continue Reading
By Porter Wright on In last night’s State of the Union Address, President Obama reemphasized that employment and labor reform are at the forefront of his current agenda. He urged lawmakers to pass laws regarding the following: Equal pay law for women; Higher federal minimum wage; Government-mandated 7 days of paid sick leave per year. As we have previously … Continue Reading