Employment Law Navigator – Week in Review: April 2017 #4

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Last week, the EEOC announced that The American Dental Association has agreed to pay $1.95 million to settle retaliation claims.  The Association’s former legal counsel and director of human resources alleged that they were discharged in retaliation for complaining to the board of directors about potential violations of federal anti-discrimination laws, including Title VII, ADEA, and ADA. In addition to its payment to the plaintiffs, the Association agreed to conduct training on discrimination laws for all employees in its Chicago headquarters, post a notice of the EEOC’s finding of reasonable cause to believe violations occurred, post a notice about its agreement with the EEOC, and allow EEOC inspection of its employment records for two years.
 
Discrimination
 
The EEOC sued a Miami Beach hotel for violating anti-discrimination laws by allegedly firing its black Haitian kitchen staff and replacing them with lighter-skinned Hispanic workers hired through a staffing agency.
 
The American Journal of Managed Care covered a recent study which found that workplace discrimination against employees with cancer persists, despite amendments to the 2009 Americans with Disabilities Act that extended the ADA to include employees whose disabilities are well-managed or in remission.
 
HR Dive covered a class action lawsuit that accuses Pricewaterhouse Cooper LLP of discriminating against older workers.
 
Mattress company Sealy of Minnesota agreed to pay $175,000 to resolve an EEOC charge based on allegations of severe racial harassment against black and Hispanic employees.
 
Technology
 
HR Dive covered Facebook’s new job posting feature and offered guidelines for reducing the risk of bias when recruiting on social media.
 
CNBC reported on new features of Facebook’s Workplace app for workplace collaboration and communication.
 
Billionaire Elon Musk has founded a new company called Neuralink dedicated to human-machine interface.
 
Market Watch reported that tech workers are increasingly looking for jobs outside of Silicon Valley.
 
Ere Media published recommendations to HR for protecting data in employee records.
 
In Other News
 
Jon Hyman wrote for Workforce about a bill pending in Congress that would enable employees to earn comp time off instead of overtime pay, a practice that currently runs afoul of the Fair Labor Standards Act.
 
The Department of Justice requested an extension to June 30 to file briefs in the litigation over the FLSA overtime rule.
 
Amazon has implemented a policy in some of its German facilities that offers a bonus to employees who do not use their sick leave.
 
NY Mag’s The Cut featured a story on the pitfalls of being a fun boss.
 
The Atlantic covered recent findings about the big impact that office culture has on the leadership ambitions of female employees.
 
Fast Company reported on a new trend of employers offering “social justice” paid time off.
 
 

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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