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Beth P. Zoller

Beth P. Zoller

XpertHR - Partnered with LexisNexis


Latest Posts › Discrimination

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Colorado Small Business Owners Are Now Exposed To Increased Damages

Colorado has passed a new law that expands the types of discrimination lawsuit damages that employees of small business employers - those with 14 or fewer employees - may be entitled to. +2013 Bill Text CO H.B. 1136. ...more

5/21/2013 - Compensatory Damages Damages Discrimination Disparate Impact Punitive Damages Small Business

EEOC Wins Substantial Jury Verdicts Totaling Over $260 Million

The Equal Employment Opportunity Commission (EEOC) has obtained significant jury verdicts for damages totaling $260 million in disability discrimination and sexual harassment lawsuits. These verdicts stress the importance for...more

5/10/2013 - Disability Discrimination Discrimination EEOC Hostile Environment Jury Verdicts Sexual Harassment Workplace Violence

Supreme Court Poised To Consider Additional Basis For Age Discrimination Claims

The Supreme Court may soon resolve a split among the appeals courts as to whether filing a charge under the Age Discrimination in Employment Act (ADEA) with the Equal Employment Opportunity Commission (EEOC) is the sole...more

4/1/2013 - ADEA Age Discrimination Discrimination EEOC Equal Protection Fourteenth Amendment SCOTUS Split of Authority Title VII

Domestic Violence Victims Emerging As A New Protected Class

Domestic violence, sexual assault and stalking can impact the health, productivity and performance of victims, resulting in a loss for employers of those victims. To help prevent these issues from negatively affecting the...more

3/15/2013 - Discrimination Domestic Violence EEOC Reasonable Accommodation VAWA

OFCCP Abandons 'Cookie Cutter' Approach To Investigating Federal Contractor Discriminatory Pay Practices

The Office of Federal Contractor Compliance (OFCCP) has adopted new policies and procedures that will make it easier for its compliance officers to uncover pay discrimination among federal contractors....more

3/4/2013 - Contractors Discrimination OFCCP Title VII Wages

Sequestration May Impact Federal Contractors

If Congress and the White House do not reach a deal on the sequestration, employers with federal contracts should be prepared to take immediate action to deal with drastic cuts in government spending that will result....more

3/1/2013 - American Taxpayer Relief Act Budget Control Act of 2011 Collective Bargaining Contractors Discrimination Employee Benefits Non-Immigrant Visas Required Documentation Sequestration Termination Unemployment Insurance Unions Wage and Hour WARN Act

Take A Deep Breath: Employers May Conduct Random Alcohol Tests

A district court in Pennsylvania held that an employer may require probationary employees in safety sensitive positions to undergo random alcohol testing without violating the Americans with Disabilities Act (ADA) if it can...more

2/26/2013 - ADA Alcohol Testing Disability Discrimination EEOC False Positive Probationary Employees Safety Precautions Termination

Mixed Motive Case Provides Mixed Results For California Employers

In Harris v. City of Santa Monica, +2013 Cal. LEXIS 941 (2013), the California Supreme Court considered a mixed motive discrimination case in which an employer had both lawful and unlawful reasons for terminating an employee....more

2/13/2013 - Adverse Employment Action Attorney's Fees Damages Declaratory Relief Discrimination FEHA Hiring & Firing Injunctions Mixed Motive Cases Pregnancy Discrimination Protected Class Retaliation Title VII

Recent Lawsuits Highlight Common Discrimination Issues For Retail Employers

Retail employers, whether a large nationwide chain or a small mom-and-pop shop, often face a wide variety of discrimination and harassment claims because they frequently deal with a workforce that is young, is diverse and may...more

2/8/2013 - America's Thrift Stores Discrimination EEOC Finish Line Harassment Hotchkiss Retail Market Retaliation

Trucking Company Pays $200,000 For Race Harassment

The transportation and trucking industry - which has traditionally employed mostly white males - has long been hit with discrimination claims based on race, sex, disability and other protected classes. A recent jury award...more

2/7/2013 - Discrimination EEOC Race Race Discrimination Trucking Industry

EEOC Provides Useful Guidance On Mandatory Flu Vaccinations And Reasonable Accommodations

In the midst of the flu pandemic, many health care employers are requiring employees to receive flu vaccinations. However, a number of workers have protested, claiming that they are entitled to an accommodation based on...more

2/4/2013 - Disability Disability Discrimination Discrimination EEOC Flu Shot Rule Independent Contractors Pregnancy Discrimination Reasonable Accommodation Religious Discrimination Students Title VII Undue Hardship Vaccinations Volunteers

Equal Pay Still A Hot Issue: Fair Pay Act Reintroduced In Congress

In a year in which equal pay looks to be hot issue, the Fair Pay Act (S. 168, H.R. 438) was reintroduced in Congress in both the House and the Senate by Rep. Eleanor Holmes Norton (D-DC) and Senator Tom Harkin (D-IA)...more

1/31/2013 - Discrimination Fair Pay Act FLSA Gender Pay Equity Gender-Based Pay Discrimination Paycheck Fairness Act Racial Discrimination Sex Discrimination Wages

Supervisors And Managers May Be Held To Higher Conduct Standards

The 6th Circuit Court of Appeals has held that an employer can hold supervisors and managers to higher standards of conduct than rank-and-file employees....more

1/30/2013 - Cracker Barrel Discrimination Racial Discrimination Reverse Discrimination Supervisors Title VII Vance v. Ball State University

EEOC Statistics Show Retaliation Still Top Workplace Concern

On January 28, 2013, the Equal Employment Opportunity Commission (EEOC) released fiscal year 2012 statistics on employment discrimination charges filed with the agency. Retaliation (37,836) was the most frequently filed...more

1/30/2013 - Discrimination EEOC Pregnancy Discrimination Racial Discrimination Retaliation Sex Discrimination Sexual Harassment

Pentagon Declares Women May Now Serve In Combat Positions

On January 23, 2013, outgoing Defense Secretary Leon Panetta announced that the Pentagon would be lifting the longstanding ban on women serving in direct combat positions in the US military. This measure reverses the 1994...more

1/28/2013 - Direct Ground Combat Definition and Assignment Rule Discrimination Sex Discrimination

Paycheck Fairness Act Reintroduced In Congress

Following an election campaign season in which "binders of women" and equal pay were points of contention, and an inaugural address in which President Barack Obama told Americans that "our journey is not complete until our...more

1/28/2013 - Discrimination FLSA Gender-Based Pay Discrimination Paycheck Fairness Act Wages

States Introduce Sexual Orientation Discrimination Legislation

In the wake of President Barack Obama's inaugural address in which he proclaimed that "our journey is not complete until our gay brothers and sisters are treated like anyone else under the law" and in which he compared the...more

1/28/2013 - Discrimination Gay Rights Gender Discrimination Hiring & Firing Sexual Orientation Discrimination

No Skirting The Issue: Refusal To Allow Worker To Wear Skirt Results In $25,000 Religious Discrimination Settlement

While it is generally lawful for an employer to develop and implement dress codes and uniform policies, the employer must be mindful of employees' right to practice their religion and wear clothing that comports with their...more

1/24/2013 - Burger King Discrimination Dress Codes EEOC Reasonable Accommodation Religious Discrimination

Bill Prohibiting Discrimination Against The Homeless Proposed In California

The Homeless Person's Bill of Rights and Fairness Act recently proposed in the California Legislature would provide broad protections to homeless individuals with respect to employment, housing, health services, etc., and...more

1/24/2013 - Discrimination Homeless Person’s Bill of Rights and Fairness Act Statutory Damages

Food For Thought: Veganism Could Be Considered A Religion

In the midst of the flu pandemic sweeping the nation, a federal court in Ohio has provided some food for thought to employers that require their employees to get a flu shot. In Chenzira v. Cincinnati Children's Hospital...more

1/16/2013 - Chenzira Discrimination EEOC Hiring & Firing Religious Discrimination Termination Title VII Vaccinations Veganism

Employers Should Be Careful Not To Engage In 'Reverse' Discrimination

Recent federal settlements in reverse discrimination cases confirm that antidiscrimination laws prohibit illegal discrimination of any kind that is based on a victim's membership in a protected class (sex, race, religion,...more

1/11/2013 - Discrimination EEOC Hiring & Firing Reverse Discrimination Settlement Termination Title VII

Employers Should Have Faith In The Interactive Process When It Comes To Religion

Recent federal cases demonstrate the importance of engaging in the interactive process when an employee requests a religious accommodation. Title VII and similar state and local laws not only prohibit religious discrimination...more

1/9/2013 - Discrimination EEOC Reasonable Accommodation Religious Discrimination Title VII Undue Hardship

Supervisors Cannot Be Held Individually Liable Under Maine Law

Maine employers should be aware the Supreme Judicial Court of Maine has held that supervisors cannot be held individually liable under the Maine Human Rights Act (MHRA) or the Maine Whistleblower's Protection Act (MWPA). See...more

1/3/2013 - Discrimination Human Rights Retaliation Supervisors Vicarious Liability Whistleblowers

New California Pregnancy Disability Leave Regulations Take Effect December 30th

California employers should be aware that new regulations regarding pregnancy will take effect on December 30, 2012. Under California law, employers with five or more employees are required to provide up to four months of...more

12/13/2012 - Disability Discrimination Medical Leave Paid Leave Pregnancy Pregnancy Discrimination Reasonable Accommodation

EEOC'S Recent Report Highlights Importance of Combating Workplace Discrimination

Judging from their recently released Performance and Accountability Report for the Fiscal Year 2012, the EEOC's message for employers could not be any clearer. It is of critical importance for employers to maintain a...more

11/21/2012 - Discrimination EEOC

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