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Jan 13 2017
Harassment & Discrimination

Whistleblower protections expanded for federal contractor employees

On December 14, 2016, President Obama signed legislation that expands whistleblower protections for employees working on federal contracts. The law now protects the same categories of workers on both civilian and defense contracts: any employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor on the federal contract. (Previously there were no protections for…

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Dec 22 2016
CaliforniaHarassment & Discrimination

New California law mandates gender-neutral single-user bathrooms

These bathrooms will need to display the proper signage. This law applies to all businesses and places of public accommodation. Inspectors, building officials, and other local officials with code enforcement responsibilities will have the authority to inspect for compliance. Vigilant members in California who provide single-user bathrooms to employees or the public should review the…

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Nov 21 2016
Harassment & Discrimination

EEOC issues enforcement guidance on retaliation

The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance on retaliation claims under the statutes it enforces, including the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Genetic Information Nondiscrimination Act (GINA), and Title VII of the Civil Rights Act. According to the…

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Nov 16 2016
Harassment & DiscriminationTermination & Resignation

Listen to both sides of the story before making any adverse employment decisions

An incomplete investigation into harassment allegations resulted in the wrong employee being terminated and costly litigation for the employer. A female EMT driver was the victim of unwanted sexual advances from a male dispatcher, and apparently brushed it off until he sent her a graphic text containing a photo of his genitals. She complained to…

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Oct 18 2016
Affirmative ActionHarassment & DiscriminationWage and Hour

OFCCP wrings significant settlements from employers

The OFCCP uncovered the issues while conducting routine affirmative action audits, resulting in the following settlements: Chemonics International Inc., a company that supports economic development projects around the world, agreed to pay $418,243 in back wages and interest to 124 unsuccessful African-American applicants. The OFCCP examined the employer’s entry-level hiring process for professionals, and found…

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Sep 28 2016
Harassment & Discrimination

Posting anti-harassment policy is not enough – training also necessary

Even though an employee failed to report ongoing sexual harassment by her supervisor or to make use of the posted complaint process, a recent court decision will allow her sexual harassment claim to proceed to trial. The employee, along with many others, stated she had no knowledge of the workplace anti-harassment policy or the complaint…

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Sep 14 2016
Harassment & Discrimination

Prompt investigation saves employer from harassment liability

In a nod to the value of HR professionals, a federal district court in Tennessee dismissed an Equal Employment Opportunity Commission (EEOC) case against Autozone, finding that the company did enough to stop alleged harassment by a store manager. How did the company address allegations of sexual harassment in the workplace? In this case, a…

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Aug 04 2016
Harassment & Discrimination

Transgender rights and issues continue to be on forefront for federal agencies

The federal Equal Employment Opportunity Commission (EEOC) and U.S. Department of Education became the two most recent federal agencies to release guidance regarding treatment of transgender individuals. The EEOC issued a new fact sheet discussing rights of transgender employees and the U.S. Department of Education issued a letter regarding transgender student rights, both of which…

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Jul 11 2016
Harassment & Discrimination

Sexual Orientation Discrimination: The EEOC Files First Lawsuits

In two ground-breaking lawsuits this past March, the U.S. Equal Employment Opportunity Commission (EEOC) alleges that under Title VII of the Civil Rights Act, “sex discrimination” includes discrimination on the basis of sexual orientation. This is a developing area of employment law, and these lawsuits are part of the EEOC’s national strategy to seek employment…

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Jun 10 2016
Affirmative ActionHarassment & Discrimination

Food distribution company to pay $1.85 million to settle entry-level hiring case

The Office of Federal Contract Compliance Programs (OFCCP) recently announced that Gordon Food Service, Inc. will pay $1.85 million to resolve allegations that it systematically discriminated against women when hiring for entry-level warehouse laborer jobs at locations in Michigan, Wisconsin, and Kentucky. The money will be shared among 926 qualified female applicants who weren’t hired….

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Apr 18 2016
CaliforniaHarassment & DiscriminationHiring

DFEH of California issues guidance on transgender rights

The California Department of Fair Employment and Housing (DFEH) recently issued new guidance for employers regarding transgender rights in the workplace. In order to be protected by the law, a transgender person does not need to complete any particular step in a gender transition (social or medical). The new guidance covers: Interviews: As an employer,…

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Mar 11 2016
Harassment & DiscriminationQ&A

Using prior salary to set new hire salary raises EEO concerns

Answer: Yes, such a practice may perpetuate existing discrimination in wages. The U.S. Department of Labor has made pay equity one of its top enforcement priorities. Under the slogan, “Equal Pay for Equal Work,” the agency has established a pay equity web page highlighting statistics that women earn 78 cents on the dollar compared to…

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