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Employment Law

Whistleblower retaliation case also on Supreme Court’s docket

05/05/2023
The U.S. Supreme Court will decide what the proper standard is for proving retaliation in a Sarbanes-Oxley Act whistleblower case. Depending on the outcome, what employers must show to support disciplinary action against a whistleblower could change.

Proposed regs would strengthen HIPAA’s privacy provisions

05/02/2023
Proposed regulations issued April 17 by the Department of Health and Human Services would extend the scope of HIPAA’s privacy protections specifically to women who travel to other states to receive reproductive health-care services where those services are legal and would apply to almost all judicial or administrative proceedings related to this care.

What HR needs to know about 2 new laws affecting pregnant workers and new mothers

05/01/2023
What you need to know about the Pregnant Workers Fairness Act and the PUMP Act.

EEOC, other agencies monitoring AI’s impact on perpetuating discrimination

05/01/2023
The EEOC has joined forces with the Consumer Financial Protection Bureau, the Federal Trade Commission and the Justice Department’s Civil Rights Division to step up oversight of how artificial intelligence software might perpetuate unlawful discrimination.

What not to say to older workers: ‘You’re overqualified!’ ‘When are you going to retire?’

05/01/2023
Even as the baby boom generation ages, many older workers are finding they must delay retirement because they can’t afford to quit working. That should raise red flags for employers. Boomers have a powerful federal law on their side—the Age Discrimination in Employment Act, which makes it illegal to discriminate against employees and applicants over age 40 because of their age.

Court to Tesla: Anti-union meetings OK, Musk’s tweets are illegal threats

04/24/2023
A federal appeals court has weighed in on what management can do to dissuade employees from voting to unionize. It said holding meetings to explain why the employer opposes the union is fine. However, instituting a workplace rule that says employees can’t talk to the media illegally infringes on worker rights under the National Labor Relations Act.

Train employees on ‘bystander’ responsibilities to report harassment

04/24/2023
In 2016, the EEOC released a report that said reducing sexual harassment at work often depends on co-workers being willing to report misbehavior when they witness it. Since then, it has been largely up to employers to define policies for so-called bystander reporting. Here’s how to structure bystander training that prevents sexual harassment instead of merely reporting it after the fact.

Dropping degree requirement? It could trigger discrimination lawsuits

04/24/2023
Today’s competitive recruiting environment has employers rethinking their hiring criteria. Many have decided to scrap requirements that say applicants must have college degrees to even be considered for a job. But as with many things in life, there may be unintended consequences. One is a potential increase in lawsuits that allege bias in the hiring process.

ADA accommodations depend on accurate job descriptions

04/20/2023
An up-to-date job description is essential for making ADA accommodation decisions.

OK to require training that may violate some religious beliefs

04/20/2023
Raymond objected to mandatory training on anti-gay bias, stating his religious beliefs about homosexuality precluded him from participating. He said it would compromise his faith.