August, 2010

Trial Required When Age Played Role in Employee's Demotion, Appeals Court Holds

An older employee who proved that age played a role in her demotion and reassignment in favor of a younger employee does not have to produce additional evidence of age discrimination to get her case to trial, the 10th U.

Personal Use of Company Aircraft: An Updated Discussion

Learn more about the current rules for reimbursement for personal, nonbusiness use of company aircraft in this month's Employer's Guide to Fringe Benefit Rules, available on smarthrmanager. com.
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Single Incident Was Severe Enough To Create Hostile Work Environment

A male employee's grabbing of a female co-workers breasts, and rubbing her buttocks against his body, was severe enough behavior to create a hostile work environment in violation of Title VII of the 1964 Civil Rights Act, the 7th U.

Hostility Bars Corporate Counsel's Reinstatement, Wisconsin Supreme Court Holds

A former corporate legal counsel should not be reinstated to her counsel's job because of overtly hostile personal relations between herself and the company president after she complained of discrimination, the Wisconsin Supreme Court held recently.

Self-insured Plans Get Compliance Guidance for Appeals and Reviews

Non-grandfathered self-insured plans for the first time have detailed, prescriptive claims appeals and review processes they must comply with, and if a plan does not strictly adhere with those procedures, its determination can be summarily reversed.

New Massachusetts Law Empowers "Any 3 Persons" To File Workers' Compensation Suits

Starting Nov. 7, 2010, any three persons may file a private attorney's general action under Massachusetts' workers' compensation statute "whenever facts exist" showing that an employer has failed to comply with the statute, under a new law signed by Gov.

Employer Must Continue Interactive Process When Initial Accommodation Fails, Appeals Court Holds

An employer has a continuing obligation to engage a disabled employee in the search for an effective accommodation when the employee asks for a new accommodation or it knows that the initial accommodation is ineffective, the 9th U.

Wal Mart Asks U.S. Supreme Court to Decertify Massive Class Action

A massive employment discrimination lawsuit involving more than a million female workers should not be allowed to proceed as a class action, Wal-Mart Stores argued in a petition seeking review before the U.

OMB Reviewing OSHA's New Recordkeeping Requirement for Musculoskeletal Disorders

A proposed rule by the Occupational Safety and Health Administration (OSHA) to require employers to add a column on their accident and injury log to record musculoskeletal disorders (MSDs) moved one step closer to final enacment recently with the announcement that the proposal is before the U.

Faith-based Organization Is Exempt From Title VII, Ninth Circuit Holds

A faith-based humanitarian organization is exempt from Title VII's ban on religious discrimination in employment even though it has no formal affiliation with a specific church or religious denomination, the 9th U.