Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Harassment & Discrimination

Photo of Kara Craig
Aug 04 2022
Q&ADisabilityHarassment & Discrimination  

Q&A: Eliminating contact with a coworker unreasonable under ADA

Question: One of our employees requested a disability accommodation under the Americans with Disabilities Act (ADA). He suffers from anxiety and depression and his doctor recommended that he not have any interactions with a certain “hostile” coworker. Do we have to do this? Answer: Probably not, because courts generally don’t consider a request to avoid…

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Photo of Chris Edison
Jul 21 2022
COVID-19DisabilityHarassment & DiscriminationHiringSafety and Health  

EEOC updates guidance on COVID-19 screening for employers

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance regarding COVID-19 (coronavirus) and the Americans with Disabilities Act (ADA). These FAQs scale back the agency’s approval of mandatory COVID-19 screening measures and clarify several other COVID-19 related issues. Viral screening tests and “business necessity: The EEOC now says…

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Photo of Karen Davis
Jul 07 2022
Affirmative ActionHarassment & DiscriminationTermination & ResignationWage and Hour  

OFCCP posts more affirmative action settlements

The Office of Federal Contract Compliance Programs (OFCCP) recently posted another significant financial settlement with a federal contractor, arising out of a routine affirmative action audit. Without admitting liability, Becton, Dickinson and Company agreed to pay $499,349 in back pay and interest to resolve allegations that it discriminated against 125 female applicants at three locations in…

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Photo of Sean Brown
Jun 16 2022
Harassment & DiscriminationHiring  

MONTANA: Good hiring criteria and documentation win the day

A Montana employer’s clear hiring criteria and good documentation showing why it chose not to hire a former employee allowed it to overcome a discrimination and retaliation claim in federal court. A former employee with human resources experience applied for three part-time package handler positions with United Parcel Service (UPS). UPS…

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Photo of Chris Edison
Apr 07 2022
Harassment & DiscriminationPrivacy & ConfidentialityWage and Hour  

WASHINGTON: 2022 legislature limits confidentiality agreements

On March 24, 2022, Governor Jay Inslee signed into law ESHB 1795, which prohibits employers from requiring a prospective, current, or former employee (or an independent contractor) to sign any agreement that prevents the disclosure of alleged discrimination, harassment, retaliation, sexual assault, wage and hour violations, or conduct that is…

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Photo of Karen Davis
Mar 17 2022
Affirmative ActionHarassment & Discrimination  

Federal contractors subject to two-pronged pay equity focus

On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a pay equity directive and President Biden issued an executive order related to pay equity for federal contractors. Both were timed to coincide with Equal Pay Day. The OFCCP’s Directive 2022-01 (Pay Equity Audits) reminds federal contractors of their…

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Feb 03 2022
COVID-19Harassment & DiscriminationSafety and Health

CDC now uses “up to date” instead of “fully vaccinated”

In updated guidance regarding COVID-19 (coronavirus) vaccination status, the Centers for Disease Control (CDC) now uses the term “up to date” instead of “fully vaccinated.” Up to date means individuals have received all recommended COVID-19 vaccines, including any booster dose(s) when eligible. Workers are eligible for a booster if at least 5 months have passed…

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Photo of Karen Davis
Dec 16 2021
Affirmative ActionHarassment & Discrimination  

Security services contractor to pay $1,175,000 after OFCCP audit

AlliedBarton Security Services LLC agreed to pay $1,175,000 in back pay and interest to resolve allegations of pay discrimination uncovered during a routine affirmative action audit by the Office of Federal Contract Compliance Programs (OFCCP). The OFCCP found pay disparities based on race and gender among employees in unarmed security…

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Photo of Karen Davis
Oct 21 2021
Affirmative ActionHarassment & DiscriminationWage and Hour  

OFCCP rushes to extract settlements at close of FY 2021

The Office of Federal Contract Compliance Programs (OFCCP) raced to secure financial settlements from federal contractors at the close of the agency’s 2021 fiscal year, which ended on September 30, 2021. After conducting routine affirmative action audits of selected companies, the OFCCP alleged discriminatory practices in compensation and hiring. Each of the…

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Photo of Karen Davis
Sep 28 2021
Affirmative ActionCOVID-19Harassment & DiscriminationSafety and Health  

ALERT: Guidance released on federal contractor vaccine mandate

On September 24, 2021, the Biden administration released guidance on the new vaccine mandate for federal contractors, entitled COVID-19 Workplace Safety Guidance for Federal Contractors and Subcontractors. The new guidance implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, issued by President Biden on September 9, 2021.…

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