by Martin Salcedo, Esq. - The Human Equation
on 8/11/2016 Can employers offer incentives to encourage participation in wellness programs that ask disability-related questions or require medical examinations? Though the Americans with Disabilities Act (ADA) permits health-related inquiries and medical examinations that are part of a voluntary health program, ADA regulations didn’t address whether employers may offer incentives to encourage employee participation in these health programs...until now.
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Tags: benefits & compensation administration, Business Strategy, Benefits and Compensation Administration, Disability and Discrimination Policies, Discrimination, Workplace Rights, health, benefits, group benefits, wellness
Categories: 2016, Human Resources, Safety
by The Human Equation, Inc.
on 1/29/2014 The Equal Employment Opportunity Commission (EEOC) is on a mission. According to its Strategic Plan for Fiscal Years 2012 through 2016, the EEOC is focused on:
- combating employment discrimination with administrative (investigation, mediation, conciliation) and litigation enforcement mechanisms
- preventing employment discrimination with education and outreach activities
- delivering excellent and consistent services with effective systems.
The EEOC’s enforcement objectives and activities provide valuable insight into what employers should pay special attention to when dealing with equal employment opportunity matters. According to its Fiscal Year 2013 Performance and Accountability Report, the EEOC:
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Tags: 2014, EEOC, Equal Employment Opportunity Commission, Age Discrimination in Employment Act, Business Strategy, Disability and Discrimination Policies, Discrimination, diversity, Employment Liability, Workplace Harassment and Discrimination, Workplace Rights
Categories: 2014, Human Resources, Risk Management
by Martin Salcedo, Esq. - The Human Equation
on 10/2/2013
On September 17, 2013, the Department of Labor (DOL) announced a final rule that will extend the Fair Labor Standards Act’s minimum wage and overtime protections to most of the nation’s workers who provide home care assistance to elderly people and people with illnesses, injuries and disabilities. The DOL estimates that when it becomes effective on January 1, 2015, this new rule will extend the FLSA’s protections to nearly two million direct care workers.
According to the DOL, direct care workers remain among the lowest paid in the service industry because they have been denied minimum wage and overtime compensation under the FLSA’s companionship services exemption. The DOL suggests that courts have applied this exemption too broadly to encompass essentially all workers providing companionship services for those requiring care because of age or infirmity.
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Tags: 2013, benefits & compensation administration, Disability and Discrimination Policies, Discrimination, DOL, Employee Status and Job Descriptions, Employment Liability, FLSA, Fair Labor Standards Act, Department of Labor, Minimum Wage and Overtime, Home Care Assistance, Direct Care Workers, Third Party Employers
Categories: 2013, Human Resources, Risk Management
by The Human Equation, Inc.
on 8/21/2013
Title VII prohibits retaliation against employees who engage in protected activity, such as opposing or alleging unlawful workplace discrimination. Those suing for unlawful retaliation must prove that there is a link between the retaliation and their protected activity. But, how strong must the link be? The U.S. Supreme Court recently answered this question in University of Texas Southwestern Medical Center v. Nassar.
In this case, Dr. Nassar alleged that his supervisor was biased against him on account of his religion and ethnic heritage. His supervisor once remarked that “Middle Easterners are lazy,” and, upon hearing that another physician of Middle Eastern descent was hired, the supervisor said that the hospital had “hired another one.” Dr. Nassar lodged several complaints about his treatment. Thereafter, a series of events led to Dr. Nassar leaving the hospital for another position. More...
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Tags: 2013, Background and Reference Checks, benefits & compensation administration, benefits & compensation administration, benefits & compensation administration, Benefits and Compensation, Benefits and Compensation Administration, Business Strategy, Contractual and Other Liabilities, Disability and Discrimination Policies, Discrimination, employee relations and diversity, Employee Status and Job Descriptions, Employment Liability, Workplace Rights, Workplace Harassment and Discrimination, Title VII of the Civil Rights Act of 1964
Categories: 2013, Human Resources, Risk Management
by Martin Salcedo, Esq. - The Human Equation
on 10/17/2012 The Equal Employment Opportunity Commission (EEOC) sued United Airlines since disabled employees who could no longer do their jobs had to compete for vacant positions instead of being automatically reassigned. According to the EEOC, this practice violates the Americans with Disabilities Act (ADA).
When the EEOC made a similar argument to the Seventh Circuit Court of Appeals in 2000, the Court held that the ADA does not require an employer to reassign a disabled employee to a job for which there is a better applicant—provided it is the employer's consistent and honest policy to hire the best applicant for the particular job in question.
Undeterred, the EEOC again asked the Court to answer the same question. This time around, the EEOC got a different answer. More...
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Tags: 2012, ADA, Benefits and Compensation, Bonuses and Pay Increases, Disability and Discrimination Policies, Discrimination, Employee Relations and Communication, Employee Status and Job Descriptions, Employment Liability, Equal Employment Opportunity Commission, Workplace Harassment and Discrimination, Workers' Compensation, Workplace Rights, Reassignment, Seventh Circuit Court, United Airlines, EEOC
Categories: 2012, Human Resources
by The Human Equation, Inc.
on 1/14/2010 Diversity in the workplace is a good thing. When men and women of different races, religions, ethnicities, and ages work together in an environment of tolerance and respect, the possibilities are limitless. More...