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Employment Law

No proof of bias: Religious affiliation alone doesn’t disqualify arbitrator

10/04/2019
A former employee has lost an appeal of an arbitration case in which he alleged the arbitrator should have disclosed his religious affiliation.

RIF didn’t achieve business goals? OK to repost jobs that were previously cut

10/04/2019
If you can clearly explain why you decided to reopen positions that were eliminated earlier, courts are unlikely to conclude you intended to discriminate against those who were not retained during the earlier RIF.

Your website could trigger a bias lawsuit

10/04/2019
The California Supreme Court recently confronted the question of whether a customer has standing to sue over alleged discrimination based on a visit to the business’ website rather than its brick-and-mortar locations.

Requiring English not automatically biased

10/04/2019
For years, the EEOC has taken the position that rules requiring employees to speak only English at work are discriminatory unless the employer can justify the rule as a business necessity. But now a federal court has concluded that before making an employer justify the rule’s necessity, the affected worker has to show that the policy has a disparate impact on a protected group.

EEOC takes customer harassment seriously

10/04/2019
The EEOC wants employers to know that customer preference is never a legitimate reason to allow customers to harass or otherwise discriminate against your employees.

Supreme Court to address LGBT rights at work

10/04/2019
The U.S. Supreme Court’s 2019-2020 term, scheduled to begin Oct. 7, will waste no time getting directly to one of the most contentious employment law issues cases on its docket.

OFCCP secures $16 million in pay-bias settlements in one day

10/01/2019
Dell Technologies will pay $7 million to resolve charges of race and gender-based wage discrimination. Goldman Sachs & Co. will pay $9,995,000 to settle similar claims

Scalia confirmed as secretary of labor

10/01/2019
Scalia takes over a Department of Labor facing several important employment law issues.

Overtime threshold rising to $35,568 on Jan. 1

09/24/2019
The white-collar overtime threshold will increase to $35,568 on Jan. 1, 2020, following approval of a final rule the Department of Labor says will make 1.2 million more Americans eligible for overtime pay.

EEOC says ‘boys will be boys’ defense doesn’t excuse harassment

09/24/2019
Just because it’s a male-dominated, blue-collar worksite doesn’t give supervisors the green light for sexual comments and name calling.