Harassment & Discrimination | Employment Law Blog in WA, OR, and CA | Vigilant

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Showing posts for: Harassment & Discrimination

Feb 23 2024
Affirmative ActionHarassment & DiscriminationHiring

Manufacturer pays $443,000 to resolve hiring discrimination claims

The Office of Federal Contract Compliance Programs (OFCCP) recently announced that federal contractor GE Aerospace will pay $443,000 in back pay and interest to resolve allegations that it discriminated against female applicants for Manufacturing Ops Associate positions at its facility in Rutland, Vermont. The money will be shared among 116 unsuccessful female applicants. The company…

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Feb 23 2024
Harassment & Discrimination

NLRB says employee had right to put BLM initials on apron

The National Labor Relations Board (NLRB) recently ruled that Home Depot violated the National Labor Relations Act (NLRA) when it told an employee not to wear the initials “BLM” on a work apron in reference to Black Lives Matter. Under the NLRA, unless special circumstances exist (such as safety concerns), nonmanagement employees generally have the…

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Jan 15 2024
Harassment & Discrimination

Q&A: Religious beliefs don’t have to be mainstream to be protected

Question: An employee recently asked to be permanently exempted from working overtime on Saturdays, which is a requirement that applies to all production workers. He told me that Saturday is a holy day based on his own personal religious beliefs, but he’s not part of any organized congregation. Do we have to go through the…

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Jan 05 2024
Featured Worker’s CompHarassment & DiscriminationSafety and Health

Mitigate workers’ comp risks: Production slowdowns with an injured employee

  When an injured worker is laid off or has their hours reduced because of a production slowdown, you may experience unexpected workers’ compensation issues that could have been avoided with advanced planning. Here are some practical considerations to keep in mind if you must take the unfortunate step of reducing hours or headcount: Eligibility…

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Nov 16 2023
Affirmative ActionHarassment & Discrimination

OFCCP obtains more financial settlements to end FY 2023

The Office of Federal Contract Compliance Programs (OFCCP) has posted a slew of last-minute financial settlements that were signed just before September 30, 2023, the end of the federal government’s 2023 fiscal year. All but one (which was in response to an individual complaint) resulted from the OFCCP conducting routine affirmative action audits of federal…

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Nov 16 2023
Harassment & DiscriminationSafety and HealthWage and Hour

Holiday parties: Follow these tips to minimize company liability

Holiday season is rapidly approaching, and a company holiday party is a great way to reward employees for their work throughout the year. With the return of these parties, here are some tips and recommendations to enjoy a celebration with coworkers and reduce liability for your organization: Limit alcohol consumption: The use of alcohol at…

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Nov 16 2023
Harassment & DiscriminationPrivacy & ConfidentialityQ&A

Q&A: Internal management communications aren’t confidential

Question: For weeks our management team has been trading internal emails discussing why we need to terminate an employee who isn’t meeting performance standards. In the most recent email thread, one manager said that he wants to move more quickly to fire the employee because the employee reported workplace harassment a few days ago and…

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Oct 05 2023
Affirmative ActionDisabilityHarassment & Discrimination

Federal contractors settle discrimination claims with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) has announced numerous financial settlements with federal contractors in recent months. Most settled allegations of hiring discrimination on the basis of race/ethnicity or gender, which came to light during the agency’s routine reviews of the companies’ affirmative action plans (AAPs). A few settlements were made after the…

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Sep 07 2023
Affirmative ActionHarassment & Discrimination

OFCCP expands data requests in audit scheduling letter

The Office of Federal Contract Compliance Programs (OFCCP) recently expanded the data requests in its Supply and Service Scheduling Letter and Itemized Listing, the letter it sends to federal contractors requiring submission of data within 30 days to kick off an affirmative action audit. The letter applies to OFCCP compliance reviews scheduled on or after…

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Jul 20 2023
Affirmative ActionHarassment & Discrimination

Q&A: Federal contractors still subject to affirmative action duties

Question: Now that the Supreme Court has ruled that the affirmative action programs at Harvard and the University of North Carolina are unconstitutional, what does this mean for the written affirmative action plans (AAPs) that we’re required to maintain as a federal contractor? Answer: From a legal standpoint, the decision has no impact on federal…

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Jul 06 2023
DisabilityHarassment & Discrimination

Undue hardship for religious accommodation must be substantial

The U.S. Supreme Court recently ruled that an employer who claims “undue hardship” as the reason for denying a worker’s request for a religious accommodation under Title VII of the Civil Rights Act must be able to show it would incur “substantial increased costs in relation to the conduct of its particular business.” This significantly…

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Jun 15 2023
Harassment & DiscriminationQ&A

Q&A: Offensive music in workplace subject to anti-harassment policy

Question: A new employee complained about the “vulgar” lyrics in songs playing on the warehouse radio. The shift supervisor usually chooses a local radio station, and nobody has a problem with it. Do we really have to monitor the content of background music we provide to employees to help make the day go faster? Answer:…

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