Employment Law Navigator – Week in Review: December 2016 #3

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Last week, the EEOC issued a publication on the rights of job applicants and employees with mental health conditions, along with a companion document addressing the mental health provider’s role in reasonable accommodations in the workplace. These documents explain, in layman’s terms, workplace rights for individuals with mental health conditions under the Americans With Disabilities Act of 1990.  According to the agency’s press release, the EEOC resolved almost 5,000 charges of discrimination based on mental health conditions in fiscal year 2016, and obtained approximately $20 million for individuals with mental health conditions who were unlawfully denied employment and reasonable accommodations. This is the third EEOC publication this year aimed at providing workers with medical conditions or work restrictions a user-friendly explanation of their rights. The agency previously published resource documents addressing the employment rights of individuals living with HIV infection and pregnant workers.
Discrimination
  • A class action lawsuit alleging that an employment agency discriminated against black applicants in favor of Hispanic applicants will move forward in Illinois.
  • A California court held that the state’s anti-SLAPP statute, which shields First Amendment activity from abusive lawsuits, cannot be used by CNN to defend against a race discrimination suit brought by a former CNN producer.
  • Another female reporter filed a discrimination and hostile work environment suit against Fox, alleging that Roger Ailes harassed her when she applied for a job at Fox News.
  • A class action lawsuit filed on behalf of 250 workers alleged that Disney laid them off based solely on their national origin and race and then required them to train their foreign replacements in order to collect severance pay.
  • A Louisiana judge held that the state’s governor overstepped his authority by issuing an order protecting gay and transgender state employees from discrimination.
  • HR Dive examined the import of the Hively case, currently under consideration by the Seventh Circuit Court of Appeals, for federal LGBT employee protections.
  • The New York Times called itself out for failing to hire diverse reporting and editorial staff.
Technology
  • Yahoo disclosed that a hack in 2013 exposed more than a billion user accounts, the largest data breach in history.
  • The clinical laboratory services company Quest Diagnostics announced a data breach by a third party who accessed the personal and health information of approximately 34,000 patients.
  • IBM plans to hire 25,000 U.S. workers in the next four years.
  • SHRM gave advice for protecting company data when employees travel.
In Other News
  • California employers, take note: new fair pay rules go into effect on January 1.
  • Baked-goods company Flower Foods agreed to pay $9 million to settle a class action lawsuit alleging violations of the Fair Labor Standards Act.
  • American Express and 3M both announced expanded family leave policies allowing up to 20 weeks of paid and unpaid parental leave.
  • Some employers are rescinding raises promised in anticipation of the overtime rule that was temporarily enjoined as of December 1.
  • Fast Company shared advice on how to use the office holiday party to advance your career.
  • Forbes covered innovative ideas to attract and retain employees.
 

 

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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