Employment Laws - Page 30
This is FindLaw's collection of Employment Laws articles, part of the Human Resources section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Human Resources
Employment Laws Articles
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With the incoming new year just around the corner, many employers will be "rolling out" new or revised policies and employee handbooks. For many reasons, this timing makes sense. For those considering implementing a handbook for the first time, or those who have not revised their existing handbook in several years but realize the need to do so, the following article is for your consideration. -
The frequency of compliance reviews by the Office of Federal Contract Compliance (OFCCP) is increasing for the nation's construction contractors performing federal or federally assisted work. The OFCCP typically first requests a desk audit, requiring the contractor to send its affirmative action materials to the OFCCP for review. Not every government contractor is required to have a written affirmative action plan. -
In a significant percentage of sexual harassment cases, the employer's first notice of any problem is after the complaining employee has quit and filed a charge of discrimination with the Equal Employment Opportunity Commission or a state agency. Typically, the employee claims that the very same supervisory conduct that amounted to a hostile environment (and, hence, actionable sexual harassment) also forced the employee to resign. The employee then complains that his or her constructive discharge was a "tangible employment action" that prevents the employer from asserting the now familiar Faragher/Ellerth affirmative defense to liability in instances of supervisory sexual harassment. -
A nut case. "Crazy as a loon." "A Total Fruit Cake." "Just ain't right in the head." We often use terms such as these to refer to people who behave peculiarly, at work or otherwise. Until recently, the use of such expressions was fairly harmless. Now, using such terms to refer to a subordinate or co-worker may give rise to a "regarded as disabled" lawsuit under the Americans with Disabilities Act. -
The California Legislature passed SB 777 to significantly expand the rights and protections afforded employee whistleblowers. Certainly, encouraging employees to disclose corporate abuses as early as possible to prevent and minimize the consequences of corporate fraud is a laudable goal. Unfortunately, however, for every deserving employee these amendments protect, dozens of other employees will misuse these provisions to insulate themselves from legitimate corrective action or to strong-arm employers into lucrative and undeserved settlements. -
The scenario is all too familiar. A plaintiff in a harassment or discrimination lawsuit puts an "expert" witness on the stand to testify that in his or her opinion, the defendant employer discriminated against the plaintiff, or that a sexually hostile work environment existed, or the employer's policies or procedures were somehow inadequate. Such a witness, often addressed as "Doctor" and with an impressive-sounding resume in tow, usually will impress jurors, who might believe that a form of science must underlay the expert's conclusions. -
In 2003, California became only the third state to enact legislation specifically protecting transgendered employees from workplace discrimination. It did so, moreover, in a clumsy and ill-defined fashion that will likely lead to considerable mischief in the courts in California and a spread of this movement to other states. California's new law will pose a significant challenge for employers who will now have to assimilate transgendered employees into the workforce. A few large employers have already adopted rules and guidelines for the treatment of transgendered employees. -
Most of us think of religion in terms of a deity, a set of defined values and traditions, and a moral code emphasizing virtuous behavior. But not the EEOC and most courts. In an absurd, politically correct effort to avoid passing value judgments at all costs, they will accept just about any bizarre beliefs as a religion just because a plaintiff claims to believe in it. -
Most of us are shameless "lookists." We have a natural preference for good-looking people over ugly ones, whether in the context of hiring employees, selecting a mate, or watching movies or television. To date, most employers have largely been free to discriminate against the homely. A few nations, such as France, have outlawed discrimination based on physical appearance. In the U.S., only a few jurisdictions, such as the District of Columbia and Santa Cruz, California, have enacted legislation prohibiting discrimination in employment based on physical appearance. -
A discussion of the joint employer doctrine as it affects Professional Employer Organizations and their clients for purposes of vicarious liability, bargaining obligations, and vunerability to secondary boycotts.