Employment Law Navigator – Week in Review: January 2017 #3

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Last week, there were developments in two cases in different Pennsylvania courts involving employer liability—or lack thereof—for data breaches involving employee personally identifiable information (PII). A Pennsylvania state appellate court affirmed a dismissal of a proposed class action by employees of the University of Pittsburgh Medical Center whose PII was stolen in a data breach perpetrated by hackers. And in Pennsylvania federal court, in a case in which an ex-employee accuses Coca-Cola Co. of exposing himself and other employees to identity theft after several dozen company laptops were stolen, Coca-Cola told the court that it was not obligated to safeguard the worker’s personal information pursuant to an employment contract.

Discrimination
  • The EEOC seeks public comment on its proposed enforcement guidance on harassment.
  • A Houston nightclub was ordered to pay $139,366 to a waitress who alleged the club discriminated against her for refusing to provide documentation proving she was not HIV-positive.
  • The EEOC sued Marquez Brothers International Inc. and its affiliates for failing to hire non-Hispanic candidates because of their race.
  • News broke that Fox News secretly settled a suit over sexual harassment allegations against Bill O’Reilly.
  • Harvard Business Review studied the impact of biased managers on minority job performance.
  • LexisNexis Risk Solutions agreed to pay more than $1.2 million to resolve allegations of systematic pay discrimination against women managers.
Technology
  • Amazon announced it will create 100,000 full-time jobs with benefits in the next 18 months.
  • The Economist issued a compelling article on the necessity and difficulty of equipping all workers to keep pace with technological change.
  • A guest contributor to HR Dive identified some workplace tech trends to watch out for in 2017.
  • A former Snapchat employee alleged in a lawsuit that the social media company misrepresented its user statistics and attempted to make him share trade secrets about Facebook during recruitment.
  • ManPower Group issued a report detailing how technological change will alter the employment landscape.
In Other News
  • The Supreme Court agreed to consider whether employers can require workers to sign arbitration agreements that prevent them from pursuing group claims in court.
  • SHRM offered advice for staying civil at work while handling sensitive subjects like performance reviews and budgeting.
  • A private arbitrator ruled that Uber drivers are independent contractors, not employees, in the first U.S. arbitration to test that issue.
 
 

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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