Human Resource News

By now, most employers are at least aware of the EEOC’s updated guidance on the consideration of arrest and conviction records in employment decisions. An informal discussion letter released by the agency underscores a point that is easy to overlook — in the case of arrest records, it’s the underlying conduct, not the fact that a person was arrested, that can make a candidate unfit for the job in question.

Soon there will be fewer sick New Yorkers riding the subway, serving food in restaurants, or infecting their classmates, after the New York City Council decided last week to require local businesses to give workers time off if they are ill or have to care for a sick child.

But mandatory sick leave, hailed as a progressive public health measure by its supporters, is sparking fierce opposition in several state legislatures.

The Employee Benefits Security Administration (EBSA) has issued guidance on a requirement under section 1512 of the Patient Protection and Affordable Care Act (ACA) that notice be given to employees regarding coverage options available through the new state healthcare exchanges, also known as the health insurance marketplaces. The guidance also includes information on model COBRA election notices.

The first lawsuit filed by the EEOC under the Genetic Information Nondiscrimination Act (GINA) has been settled, according to an agency announcement on May 7. Fabricut, Inc, one of the world’s largest distributors of decorative fabrics, will pay $50,000 and furnish other relief to settle a disability and genetic information discrimination lawsuit on behalf of a woman whom the company allegedly regarded as having carpal tunnel syndrome. It asked for her family medical history in its post-offer medical examination, the EEOC said in its announcement.

The D.C. Circuit vacated a controversial NLRB rule requiring employers to notify employees of their rights under the NLRA, upholding a challenge brought by several employer groups (National Association of Manufacturers v NLRB, May 7, 2013, Randolph, A). Rather than ruling on the NLRB’s authority under NLRA Sec. 6 to promulgate the posting rule, as argued by the parties, the appeals court concluded that the rule violated employers’ free speech rights as protected by Sec. 8(c) of the Act.

Following the lead of several other states, the Washington legislature passed a bill that prohibits employers from requesting, requiring, or otherwise coercing an employee or applicant “to disclose login information for the employee's or applicant's personal social networking account.” S.B. 5211, which passed the Washington Senate by a vote of 44-0, contains other prohibitions pertaining to employers’ access of employees’ or applicants’ personal social networking accounts.

On May 1, the EEOC obtained its largest verdict ever — damages totaling $240 million — in an ADA lawsuit filed on behalf of a group of men with intellectual disabilities who a jury found had been subjected to severe abuse and discrimination.

Two out of three of a health care employer’s computer use policies governing email and electronic media were found overbroad by an NLRB Administrative Law Judge because they could chill employees’ Sec. 7 rights.

Since Colorado is the only other state to legalize marijuana use, this ruling may interest employers of Washington State.

Acting Secretary of Labor Seth D. Harris has announced the availability of $474.5 million to create and expand innovative partnerships between community colleges and businesses to educate and train workers with the skills employers need. This third round of funding since 2009 under the Trade Adjustment Assistance Community College and Career Training grants program brings total investments to nearly $1.5 billion.