Target Corp. has agreed to pay $6 million in damages to plaintiffs in California unable to use its online site as part of a class action settlement with the National Federation of the Blind. The issue centers on the Americans with Disabilities Act’s requirements that retailers and other public places to make accommodations for people with
Benchmarking against the Federal Government’s EEO Performance
The EEOC released its Annual Report on the Federal Workforce for Fiscal Year 2007 (period October 2006 to September 2007). For those employers who may be benchmarking against the federal government, it seems to me that the government performs at a level that the EEOC would never accept from other employers. Here is a sampling of
Per Employee Fines for Violations of OSHA Standards on Personal Protective Equipment and Training
OSHA fines “per employee” PPE personal protective equipment “personal protective equipment” standards
Continue Reading Per Employee Fines for Violations of OSHA Standards on Personal Protective Equipment and Training
Discrimination Claims can cut to the Core of an Organization’s Values
Many organizations take great pride in their employment practices striving to keep them free from employment discrimination. For such companies, a discrimination charge or lawsuit strikes at the very core of the organization’s values. For example, AARP was recently sued for age discrimination by an employee who alleges she was passed over for promotions, laid off
Drinking Establishment Exemption Process Detailed by PA Dept of Health
The Department of Health (DOH) released additional Guidance and an application for an exemption for drinking establishments, cigar bars, and tobacco shops under Pennsylvania’s Clean Indoor Air Act (CIAA). The DOH information tangentially addresses the cross over between the prohibition on smoking in “workplaces” that may also be exempt “drinking establishments”. For example, the law
Revisiting Baseline Qualifications For Certain Positions: How Objective Qualifications, When Used Properly, Can Save The Day In Defending A Discrimination Claim
In Makky v. Chertoff, the Third Circuit Court of Appeals recently addressed the importance of objective job qualifications in evaluating the merits of a discrimination claim. Employers that establish clear baseline standards for position through their job descriptions, advertisements and other records are better able to defend discrimination claims by showing that the applicant
Department of Health Issues Guidance for Employer Compliance with the Pennsylvania Clean Indoor Air Act
The Pennsylvania Department of Health (DOH) has issued Guidance in preparation for the September 11, 2008 effective date of Pennsylvania’s Clean Indoor Air Act (CIAA). The Guidance has the following noteworthy provisions and references collateral documents:
- Owner/Employer Compliance Toolkit: Additional guidance will be available in a Toolkit which will be available on the DOH website
Making Sure Your “HEART” Is In The Right Place When It Comes To Soldier-Employee’s Benefits
On June 17, 2008, President Bush signed into law the Heroes Earnings Assistance and Relief Tax Act of 2008 (the "HEART Act"). The HEART Act extends or modifies several tax and retirement benefits for active-duty and former military service members, and employers and plan administrators should be familiar with its provisions.
Retirement Plans
Currently, for
Electronic Monitoring of Teleworkers
John Phillips at The Word on Employment Law posted about the “Electronic Leash” and cites to a Wall Street Journal post by Sue Shellenbarger that conjures up visions of 1850 sweatshops with following description of employer’s exploitive electronic monitoring of home workers:
In a budding trend some employment experts say is invasive, companies
HR GENERALIST RESOURCES: EEOC Issues New Compliance Assistance on Religious Discrimination and Accommodation
On July 22, 2008, the EEOC issued a new section of its Compliance Manual addressing the subject of religious discrimination. The section "provides guidance and instructions for investigating and analyzing charges alleging discrimination based on religion." The new section does not change a Pennsylvania employer’s legal obligations, imposed by Title VII of the Civil Rights Act of