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Showing posts for: Harassment & Discrimination

Dec 15 2022

Employees have more freedom to discuss sexual harassment or assault

On December 7, 2022, President Biden signed the Speak Out Act (S. 4524), which invalidates any language in an agreement that prohibits individuals, including employees and independent contractors, from discussing potential future allegations of sexual harassment or assault. Some companies require workers to sign agreements that include nondisclosure or nondisparagement language. This language is usually…

Dec 01 2022

Affirmative ActionHarassment & DiscriminationHiring

OFCCP kicks off 2023 fiscal year with settlements

The Office of Federal Contract Compliance Programs (OFCCP) recently announced the following financial settlements with federal contractors, as the result of routine affirmative action audits. These are the first settlements to be announced during the agency’s 2023 fiscal year, which began on October 1, 2022. In each case, the company signed a conciliation agreement with…

Nov 17 2022

Drug and AlcoholHarassment & DiscriminationSafety and Health

Follow these HR tips for holding holiday parties

With the widespread easing of COVID-19 (coronavirus) restrictions, our attorneys have been fielding a number of questions about resuming company holiday parties. Here are some recommendations to enjoy a fun celebration with coworkers without getting the company into trouble: Stay healthy: Tell employees to please stay home if they don’t feel well, so they don’t…

Nov 03 2022

Affirmative ActionDisabilityHarassment & Discrimination

Q&A: Affirmative action ruling won’t affect federal contractors

Question: I understand the U.S. Supreme Court is considering a legal challenge to two universities’ race-based student admissions practices. If the Court strikes down these practices, how will it affect our affirmative action obligations as a federal contractor? Answer: It won’t, for many reasons. The universities’ alleged practices of considering race/ethnicity when selecting students for…

Oct 20 2022

Affirmative ActionHarassment & Discrimination

Federal contractors settle significant OFCCP discrimination claims

Just in time before the close of the federal fiscal year on September 30, 2022, the Office of Federal Contract Compliance Programs (OFCCP) obtained a number of significant financial settlements with federal contractors. The OFCCP had selected these companies for routine audits of their affirmative action plans (AAPs) and found what it believed to be…

Oct 20 2022

Harassment & Discrimination

EEOC updates its mandatory EEO poster

On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) announced the replacement of its mandatory “EEO is the Law” poster with a new one titled, “Know Your Rights: Workplace Discrimination is Illegal.” At long last, the revisions incorporate information from the temporary supplement to the “EEO is the Law” poster, which federal contractors…

Sep 01 2022

Harassment & DiscriminationLabor RelationsTermination & Resignation

Q&A: Plan ahead before downsizing

Question: Times are tough, and we might have to lay off employees or downsize. What do we need to think about beforehand and what steps do we need to take in advance? Answer: Two words: plan ahead. Planning for a reduction in force (RIF) and making sure everything is in order can be an overwhelming…

Sep 01 2022

Affirmative ActionHarassment & DiscriminationWage and Hour

OFCCP revises its directive on compensation analysis

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) updated the pay equity directive it had published just five months earlier (which we reported here). OFCCP compliance officers will now follow Directive 2022-01 Revision 1 (Advancing Pay Equity Through Compensation Analysis) when conducting affirmative action audits of federal supply and service contractors…

Aug 04 2022

DisabilityHarassment & DiscriminationQ&A

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…

Jul 21 2022

COVID-19DisabilityHarassment & Discrimination

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…

Jul 07 2022

Affirmative ActionHarassment & DiscriminationTermination & Resignation

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 Nebraska. The…

Jun 16 2022

Harassment & DiscriminationHiringMontana

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 decided not to interview…

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