by Martin Salcedo, Esq. - The Human Equation
on 3/18/2015 The most recent enforcement and litigation data released by the Equal Employment Opportunity Commission (EEOC) confirm that employment-related liabilities remain one of the most significant risks facing employers. Controlling these risks requires an understanding of what employers can and cannot do under the various equal employment opportunity laws enforced by the EEOC, including:
- Title VII of the Civil Rights Act (Title VII)
- the Pregnancy Discrimination Act
- the Equal Pay Act (EPA)
- the Age Discrimination in Employment Act (ADEA)
- the Americans with Disabilities Act (ADA)
- the Genetic Information Nondiscrimination Act (GINA).
These laws generally make it illegal for employers to discriminate on the basis of a person’s protected characteristic, such as an employee’s or applicant’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
More...
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:
More...
e23bf88c-56ea-4df2-b50b-53a7bdcc409a|0|.0
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.
More...
8086562a-eb77-4bb6-9d46-1a7e307704da|0|.0
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