DEI policies have been under the spotlight – and been more frequently attacked – since a Supreme Court ruling issued last year effectively ended race-based affirmative action in higher education. Although that ruling did not address employment, it nonetheless emboldened…
We know the law sometimes requires employers to provide job accommodation, such as for religious or disability-related reasons. But we also know that somewhere in all the muck is a line that employers don’t have to cross over. In other…
Word to the wise: The Equal Opportunity Employment Commission (EEOC) is cracking down on religious discrimination based on facial hair, as these two recent settlements out of Illinois and Virginia show. Here’s where the two companies went wrong in assessing…
On January 12, the IRS released new guidance for plan sponsors implementing Pension-Linked Emergency Savings Accounts (PLESAs) authorized by SECURE 2.0. PLESAs – which are short-term saving accounts designed to help non-highly compensated employees save for financial emergencies – were…
Many Title VII cases rely on the theory that an employer intentionally discriminated against an employee or applicant. But there’s another viable theory that employees and applicants can raise, and it’s called disparate impact discrimination. Under this theory, even facially…
The Department of Labor (DOL) recently issued new federal guidance on pension-linked emergency savings accounts (PLESAs) that employers should be aware of. PLESAs are a result of one of two provisions of SECURE Act 2.0 that went into effect this…
A restaurant will pay $25,000 and take other steps to end a suit that accused it of unlawfully allowing one of its employees to endure transgender harassment. The EEOC pursued the litigation on behalf of Quinn Gambino, a transgender man…
A Michigan hospital has agreed to pay $50,000 and furnish other relief to settle a lawsuit that accused it of pulling a job offer because the applicant sought a religious exemption to its flu vaccine requirement. The suit, filed by…
Beyond Yoga recently paid more than $1.1 million to cover back wages and damages owed to its contractors’ employees who were allegedly shortchanged on overtime pay. You might be wondering: Why in the world would any company shoulder a seven-figure…
Walmart has agreed to pay $60,000 and take other steps to resolve charges that it violated federal law by denying a promotion to an employee because she had young children at home. The suit was filed by the EEOC on…
As an HR pro, you’ve probably heard about the significant responsibilities that come with acting as fiduciary for a benefits plan. According to the DOL, fiduciaries must: Run the plan solely in the interest of participants and beneficiaries…
One of the reasons an application for unemployment benefits can be denied is that the employee engaged in job-related misconduct. But what exactly constitutes “misconduct” that is severe enough to result in disqualification? In a recent case, Idaho’s highest court…
As you may have heard, focusing on employees’ mental health and well-being is expected to be one of the biggest workforce trends in 2024. That’s good advice because getting tripped up by mental health stereotypes can be an expensive mistake.…
What’s a valid accommodation request under the ADA or similar law? This case shows that the answer might not be as simple as you think. In the case, an employee’s lawyer sent a letter to his employer titled “Accommodations Requests.”…
On January 1st, provisions to the SECURE Act 2.0, part of the 2023 omnibus spending bill, went into effect – and it may affect your benefits package. The SECURE Act 2.0 – which is built off the Setting Every Community…
To prove unlawful retaliation, three critical requirements must be met. And when any one of them is missing, the retaliation claim cannot succeed. First, the employee must have engaged in what is called protected activity. Second, they must show their…
HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.
