On January 31, the Office of Federal Contract Compliance Programs announced that the voluntary self-identification form for individuals with disabilities has been renewed through 2020. The renewed form remains the same with the exception of the new expiration date of January 31, 2020. Federal contractors should begin to use the renewed form or update their electronic versions ...
How can an employer best prevent workplace harassment from occurring, and deal with it effectively when it occurs? What would the EEOC say employers should do?
This is my third and final installment on the proposed Enforcement Guidance on Unlawful Harassment, which was recently issued by the Equal Employment Opportunity Commission. The EEOC is accepting comments until ...
Last week, I shared with you what I didn't like about the proposed Enforcement Guidance from the Equal Employment Opportunity Commission on workplace harassment.
Well, this is warm-and-fuzzy week. Moving on to the parts of the proposed guidance that I thought were well done, I've tried to boil the rest of the proposed guidance into nine key points. I'll do one more post next week ...
This week, the Equal Employment Opportunity Commission issued a proposed Enforcement Guidance on workplace harassment. It's 75 pages long, so a little too much to cover in a single blog post. The EEOC is seeking comments from the public until February 9, so I will start with the comment-worthy provisions. Next week, I'll post about the proposed Guidance more generally. Overall, the ...
How much can you do - and not do - about your employees' personal appearance and grooming? Take this quiz and find out! As usual, I'll have the answers at the end, so if you get one wrong, no one but you will know.
QUESTION 1: If I operate in a jurisdiction that doesn't have a law against appearance discrimination, I can make any rules about appearance and grooming that I want.
TRUE
FALSE
QUESTION 2: My employees are required by OSHA to wear masks on the job. The masks are no good unless there is a proper seal around the employee's mouth and nose. Since facial hair prevents a good seal from forming, we have a no-beard policy. I have one employee who is Sikh and wears a beard for religious reasons. What should I do?
A. Let him keep his beard and pray that the mask will work without the proper seal.
B. Tell him he has to shave the beard off or lose his job.
C. Meet with him and explain that the mask is required by OSHA and the safety rationale for the rule. Talk with him about reasonable accommodations, which might include use of a different type of mask that works with a beard, or transfer to another position that doesn't require use of a mask. After you've talked and perhaps consulted with vendors or safety experts, make a determination of what to do that won't violate the law or endanger his safety while accommodating his beliefs as much as you can.
I'm a week late with this follow-up. (Sorry.)
Two weeks ago, I posted about an employee (fictionally named "Zoey") who had a peanut allergy. After she asked a peanut-butter-loving co-worker ("Addison") to be considerate, Zoey found a big glob of peanut butter smeared under her desk, which caused her to get sick. Addison denied being responsible.
To recap from last time:
*I said I ...
Karla Miller of the "WorkAdvice" column in the Washington Post had a doozy last week.
I'm going to assume that all the people involved in this story are female. I'm probably wrong, but that will allow me to make up fake names for them.
PEANUT BUTTER PASSION
The letter writer (let's call her Zoey), had a peanut allergy and worked in a small office. Zoey asked a co-worker (let's call her ...
I spent some time yesterday at the new Small Business Resource Center, which went live this week on the website of the Equal Employment Opportunity Commission. I think it's great.
Small businesses, which may be just below or at the cusp of coverage by federal anti-discrimination laws, are often confused about (1) whether they are covered, and (2) if so, what they need to do.
The EEOC ...
Labor Day marked the beginning of the "serious" election season. In 2012, I posted on dos and don'ts for employers, but many of my old recommendations aren't going to work in today's labor law climate. Here's an updated guide to help employers and their employees survive to November 8, and beyond, which I think will comply with the latest positions of the National Labor Relations ...
A recent complaint filed by the Office of Federal Contract Compliance Programs illustrates that it's not only federal contractors who need to be sure they comply with affirmative action requirements, but also those who contract with the federal contractors - a.k.a. "subcontractors."
The OFCCP's allegations against Maryland construction subcontractor Potomac ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
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