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Lack of Complaint Undercuts Fired Harassers' Title VII Lawsuit
September 1, 2010

Male employees who were fired for engaging in sex-based conduct have not shown they were similarly situated to female employees who allegedly engaged in the same conduct, because the male employees never complained about the female employees' conduct, the 9th U.S. Circuit Court of Appeals ruled recently.

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Single Incident Was Severe Enough To Create Hostile Work Environment
August 31, 2010

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.S. Circuit Court of Appeals ruled recently.

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Employer Must Continue Interactive Process When Initial Accommodation Fails, Appeals Court Holds
August 30, 2010

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.S. Circuit Court of Appeals ruled on Aug. 27.

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I-9 Electronic Signature, Storage Final Rule Issued
August 3, 2010

Employers interested in completing, signing and storing their I-9 employment eligibility forms electronically should consult a final rule issued by the Department of Homeland Security (DHS) setting forth standards for a compliant I-9 electronic system.

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OFCCP Can't Get Data Going Forward From Receipt of Scheduling Letter, ALJ Holds
August 2, 2010

The Office of Federal Contract Compliance Programs (OFCCP) is not entitled to applicant flow and hire data more recent than the dates specified in the compliance review scheduling letter, an administrative law judge ruled on July 23.

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Employment Agency Flagged for Using Code Words as Proxy for Race and Sex
July 30, 2010

Employment agencies and the employers that use their referrals will want to take notice of a settlement recently reached between a Cleveland-based temporary employment agency and the Equal Employment Opportunity Commission (EEOC).

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OSHA Issues Construction Cranes and Derricks Safety Rule
July 29, 2010

Construction crane and derrick operators should start familiarizing themselves with a just-issued rule from the Occupational Safety and Health Administration (OSHA) designed to make this machinery safer to operate.

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Misclassification Said to Hurt Workers, Employers
July 28, 2010

Employers that misclassify employees as independent contractors hurt workers and law-abiding businesses alike, said witnesses at a recent Senate hearing, some of whom urged passage of a bill to address the matter. However, one witness countered the bill could end up harming true independent contractors and businesses that deal with them.

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Appeals Court Rejects Equal Opportunity Harasser Defense
July 27, 2010

It is no defense to a claim of hostile work environment sexual harassment against an employer that the alleged harasser is an "Equal Opportunity Harasser" who makes crass and offensive remarks to men and women alike, the Second U.S. Circuit Court of Appeals ruled recently.

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