Heads Up—Deadline for Using New I-9 Forms Approaching
Posted on January 18, 2017
the situation Back in November, U.S. Citizenship and Immigration Services (“USCIS”) published a revised version of Form I-9, the tool employers must use in connection with establishing the eligibility of individuals for employment under the Immigration Reform and Control Act. Employers must switch over to the new version of the form by January 22, 2017 […]
Customer’s Sexual Harassment of Employee—Could You be Liable?
Posted on January 4, 2017
the situation A female employee complains about a particular customer’s conduct—specifically complaining about some unwelcome touching, some sexually inappropriate statements, and stalking-type behavior. What are you obligated to do? If you don’t take sufficient action, can that employee bring a claim against you under Title VII?
Depression and the ADA According to the EEOC
Posted on December 22, 2016
the situation Mental health conditions, including depression and PTSD, can trigger protection under the ADA. Employers are prohibited from discriminating against employees based upon these conditions and also must provide reasonable accommodations to employees as necessary. But what does this mean in reality?
Jimmy John’s Settles Case Involving Overzealous Non-competes
Posted on December 14, 2016
the situation In June, the Attorney General for the state of Illinois filed a lawsuit against Jimmy John’s, alleging that its non-compete agreement was illegal and unenforceable under Illinois law. The non-compete applied to all employees, including sandwich makers and delivery drivers, and prohibited them from working in any other business that earns more than […]
What Exactly is National Origin Discrimination?
Posted on November 30, 2016
the situation National origin discrimination can be a bit tricky for employers-what exactly does it mean? Does it just have to do with the country in which one was born? What about people that share a language or culture, but not necessarily a country of origin? And how does race come into play?
Federal Court Blocks Overtime Changes
Posted on November 23, 2016
the situation Back in September, 21 states filed a lawsuit in federal court in Texas challenging the constitutionality of the rule changes scheduled to go into effect on December 1. State of Nevada v. U.S. Dept. of Labor, Case No. 4:16cv00731 (E.D. Tex.). The states (and many other business groups that ended up joining the […]
Federal Court Allows EEOC’s Sexual Orientation Discrimination Claim to Go Forward
Posted on November 16, 2016
the situation The EEOC has definitively targeted harassment and discrimination in the workplace based on sexual orientation, taking the position that sexual orientation is covered by Title VII. And back in March, the EEOC filed a lawsuit against an employer in Pennsylvania in one of the first lawsuits brought by the EEOC alleging sexual orientation […]
Can Racial Statements of a Non-Decisionmaker Support a Discrimination Claim?
Posted on November 9, 2016
the situation An employee is terminated after he gets into some verbal disputes with some other co-worker. He claims that the disputes all relate back to some inappropriate racial statements and discriminatory animus of a co-worker, who he alleges had an impact on the decision to terminate him, although clearly was not in charge of […]