Inappropriate Work-Place Behavior is Not Pocket Change—Ask the State of Maine

The cost of an anti-discrimination presentation for employees, a workplace sexual harassment seminar, creation of an efficient and useful employee manual—it can seem overwhelming and more than likely, costly.  But believe us, it’s worth it.  The failure of employers to institute policies, train employees on proper workplace behavior, or worse yet, to train employees but not enforce the policies—can be costly.  Just ask the State of Maine.

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The New Protected Class: Unemployed Individuals

The District of Columbia has enacted a new law that protects jobless individuals from discrimination in the hiring process.  Although other states (like New Jersey and Oregon)have enacted laws that prohibit discrimination against unemployed applicants, Washington D.C. is the first United States territory to designate unemployed status as a protected class.  The D.C. law is also the first law to grant unemployed individuals with the right to sue employers for discrimination.  The law also contains broad protections for whistleblowers similar to those found in other discrimination statutes.

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EEOC ISSUES REVISED GUIDANCE ON THE ADAA AND VETERAN’S EMPLOYMENT

At the end of February, the Equal Employment Opportunity Commission (EEOC) issued revised guidance addressing various employment laws and how those laws impact the employment of veterans.  The aim, according to the EEOC, is to make clear how the Americans with Disability Act Amendments “…make it easier for veterans…including those that are often not well understood…to get needed reasonable accommodations” in the workplace.  Included in the discussion are some of the more challenging impairments to accommodate in the workplace, such as traumatic brain injury and post-traumatic stress disorder.

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Sticks and Stones: HR Director's Comments Used As Direct Evidence of Pregnancy and FMLA Discrimination

Whoever said sticks and stones may break my bones but words can never hurt me obviously never dealt with labor and employment issues in the workplace.  Most HR professionals can attest: words matter, communication skills matter, and the use of "talking points" or a script during a termination meeting matters.  A recent decision from the Seventh Circuit Court of Appeals (Makowsi v. SmithAmundsen LLC) underscores these points and demonstrates just how important words are when communicating termination decisions to employees.

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High Court Finds "Ministerial" Exception To Federal, State, and Local Discrimination Laws

Yesterday the Supreme Court issued an opinion in a closely watched case soundly and unanimously confirming, for the first time, the existence of a “ministerial” exception to federal, state and local discrimination laws.  While the “ministerial” exception had been applied by various circuit courts in the past, Hosanna-Tabor is the Supreme Court’s first consideration of the question of whether a religious organization’s freedom to select its ministers is implicated by a suit alleging discrimination in employment.  The Court answered with a resounding yes.  

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