Employment Law Navigator – Week in Review: February 2017

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The challenge of diversity in the technology sector continues to make headlines. Last week, Apple’s shareholders said they will challenge the company’s diversity initiatives at an upcoming shareholder meeting because the company is not doing enough to increase diversity in its senior ranks. Fast Company covered Google’s efforts to improve diversity and reduce unconscious bias in its workforce. Fortune explained how tech companies can improve gender diversity, given that automation and technology disproportionately threaten jobs held by women. In a related development, ninety-seven tech companies joined an amicus brief filed in the State of Washington suit that challenges the president’s executive order banning immigration from seven predominantly-Muslim countries.  The amicus brief describes the executive order as illegal, discriminatory, and harmful to “American business, innovation, and growth.”

Discrimination
  • The EEOC sued a rural Mississippi health services company for disability discrimination, alleging that the company fired an employee who requested leave to recover from liver transplant surgery.
  • A federal judge declared a mistrial in the EEOC’s age discrimination case against Texas Roadhouse after a jury was unable to reach unanimous agreement on a verdict.
  • The EEOC extended the public comment period on its proposed harassment enforcement guidance to March 21.
  • Rooms to Go, a furniture store and distributor, agreed to pay $55,000 and provide other relief to settle a pregnancy discrimination lawsuit.
Technology
  • Fast Company covered new AI technology designed to improve how employers find and hire job candidates.
  • A fast-growing sector of the HR tech industry is building tools that focus on teams, feedback, continuous performance management, and data-driven recruiting.
  • Forbes identified six ways HR can leverage big data.
Wage and Hour
  • An Oregon federal court ruled that fast-food restaurant chain Jack in the Box is not a joint employer based on the “economic reality” test.
  • Uber sought court approval of an agreement to settle its worker classification suit for $1 per driver, giving drivers a total of $1.7 million.
  • Former NFL cheerleaders filed a proposed class action lawsuit against the NFL, alleging the league and its teams conspired to underpay the cheerleaders and prevent them from negotiating better salaries.
In Other News
  • The administration issued an executive order ordering the DOL to “halt work” on and review the fiduciary rule that was scheduled for implementation on April 10.
  • SHRM considered how the NLRB may shift direction under the leadership of the incoming Acting Chairman Philip Miscimarra.
  • SHRM offered advice for handling employees who drink on the job.
  • The president issued an executive order requiring federal agencies to repeal two regulations for every one they issue.
  • The Atlantic examined why workers aren’t sharing in the economic success of their employers.
 

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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