Equal Employment Opportunity

Fortune 500 Companies and State Governments Are Leading the Way to Protect Rights of Transgender Employees

Posted by in Equal Employment Opportunity | Comments Off on Fortune 500 Companies and State Governments Are Leading the Way to Protect Rights of Transgender Employees

Various reports reveal that more than 40% of Fortune 500 companies and 12 states and the District of Columbia have responded to the call for more diversity and inclusion in the workplace by implementing policies that protect gender identity and/or gender expression. The most progressive companies aren’t waiting for federal mandates on this issue, although no legislation has been passed or signed. Those employers that are affected by existing state laws (and many that aren’t), regarding the rights of transgenders, have instituted specific policies with strong language....

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Employers Must Provide Nursing Mothers with Specific Considerations under Federal Health Care Reform Legislation

Posted by in Compensation & Benefits, Equal Employment Opportunity | Comments Off on Employers Must Provide Nursing Mothers with Specific Considerations under Federal Health Care Reform Legislation

Among the many provisions of the recently passed federal health care reform bill, nursing mothers who are employees are to be given “reasonable” break time and the privacy to express breast milk for their nursing children. That privacy must be other than a bathroom and for as much as a year following the children’s birth. This provision modifies the federal Fair Labor Standards Act (FLSA), including the previous rule that employees should be compensated for short rest breaks. Nursing mothers can be exempted from that compensation. In addition, employers with less than 50...

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Age Discrimination in Employment Act (ADEA)

Posted by in Equal Employment Opportunity | Comments Off on Age Discrimination in Employment Act (ADEA)

Age Discrimination in Employment Act (ADEA) ADEA bans age discrimination and also specifically prohibits: statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (see BFOQ).

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Employers May Be Subject to Discrimination Charges If Criminal Background Checks Are Applied Too Broadly

Posted by in Equal Employment Opportunity | Comments Off on Employers May Be Subject to Discrimination Charges If Criminal Background Checks Are Applied Too Broadly

Based on a recent class action suit, employers could be vulnerable to discrimination charges if they apply criminal background checks inappropriately or too generally. The plaintiff in the suit alleged his employer denied employment or terminated employees, including the plaintiff, with past criminal records, which may violate Title VII of the Civil Rights Act of 1964 and various state laws. The employer, or defendant, in the case fired the plaintiff 17 months after being hired because of a previous vehicular manslaughter conviction. This suit, and employers’ exposure to similar suits,...

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