by Martin Salcedo, Esq. - The Human Equation
on 8/27/2014
In 1978, the Pregnancy Discrimination Act (PDA) was added to Title VII of the Civil Rights Act to prohibit employment discrimination based on pregnancy, childbirth and related medical conditions. In July 2014, the Equal Employment Opportunity Commission (EEOC) issued enforcement guidance regarding pregnancy in the workplace. It has been over 30 years since the EEOC last issued any PDA guidance.
The EEOC’s guidance identifies two fundamental requirements of the PDA:
- Covered employers, which are generally employers with 15 or more employees, may not discriminate against an employee on the basis of pregnancy, childbirth or related medical conditions.
- Women affected by pregnancy, childbirth or related medical conditions must be treated the same as other persons not so affected but similar in their ability or inability to work.
The PDA, which covers all aspects of employment, including firing, hiring, promotions and fringe benefits (leave, health insurance, etc.), prohibits discrimination based on an employee’s:
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Tags: 2014, ADA, employee relations and diversity, Employment Liability, EEOC, Equal Employment Opportunity Commission, Nursing Mothers, The Family and Medical Leave Act, Workplace Rights, Pregnancy Discrimination Act, Civil Rights Act, PDA
Categories: Human Resources, Risk Management
by Martin Salcedo, Esq. - The Human Equation
on 7/9/2014 When has an employer done enough to avoid liability for disability discrimination? Though hard and fast rules are rare in employment discrimination cases, particularly those involving disabilities, the Tenth Circuit Court of Appeals recently held that employers are almost never required to provide more than 6 months leave to an employee with a disability.
The quality versus cost argument is nothing new especially when it comes to insurance. Consumers who pay less tend to get less, whether in the form of coverages, limits or financial security. And, when people choose cost over quality, it usually means they are uninformed about what they really need.
In Hwang v. Kansas State University, an assistant professor working under a one year employment contract was diagnosed with cancer. KSU gave Ms. Hwang a six-month paid leave of absence so she could get treatment. On the advice of her doctor, Ms. Hwang requested additional time off. According to Ms. Hwang, KSU refused her request and effectively terminated her employment.
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Tags: 2014, ADA, Americans with Disabilities Act, Civil Rights Act, Employee Relations and Communication, employee relations and diversity, Employee Status and Job Descriptions, Employment Liability, Florida, government forms, Human Resources, Laws and Regulations, Leaves of Absence, Risk Management, Rules and Conduct, United States Department of Labor, Workplace Rights, Hwang V. Kansas, Kansas State University
Categories: 2014, Human Resources
by Martin Salcedo, Esq. - The Human Equation
on 6/4/2014 Though dealing with a disgruntled employee can be hard, various anti-retaliation protections make it even harder when an employee’s complaints or conduct is protected by law. A 2013 Congressional Report identified 40 different federal whistleblower and anti-retaliation laws, including:
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Tags: Civil Rights Act, FLSA, employee relations and diversity, Employment Liability, Employee Status and Job Descriptions, Equal Employment Opportunity Commission, Fair Labor Standards Act, Hiring, Human Resources, Laws and Regulations, Productivity and Performance, Reasonable Break Requirement, Reassignment, Risk Management, Rules and Conduct, the employee polygraph and protection act of 1988, The Family and Medical Leave Act, Title VII, Title VII Civil Rights Act, Title VII of the Civil Rights Act of 1964, Workplace Rights, 2014, Americans with Disabilities Act
Categories: 2014, Human Resources
by Martin Salcedo, Esq. - The Human Equation
on 4/23/2014 Chances are there is a bully in your workplace, and that’s bad for business. The Workplace Bullying Institute (WBI) defines bullying as repeated mistreatment involving physically or verbally abusive conduct that is threatening, intimidating or humiliating, or that interferes with or prevents work from getting done. According to the WBI’s 2014 Workplace Bullying Survey:
- 27% are or have been victims of workplace bullying
- 21% have witnessed workplace bullying
- 23% are aware of workplace bullying
- 65 million workers are affected by workplace bullying
Though the frequency of workplace bullying may come as a surprise to some, the consequences should not. Workplace bullying typically increases employee turnover, decreases productivity, reduces job satisfaction, undermines morale, increases workers’ compensation costs and increases employment-related litigation costs.
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Tags: 2014, Business Strategy, Contractual and Other Liabilities, Department of Labor, Discrimination, DOL, EEOC, Employment Liability, Fair Labor Standards Act, FLSA, Laws and Regulations, Rules and Conduct, Safety and Health, The Fair Labor Standards Act (FLSA), Workplace Harassment and Discrimination, Workplace bullying, bully, Title VII Civil Rights Act, Civil Rights Act, Title VII, WBI, Workplace Bullying Institute
Categories: 2014, Human Resources, Safety