HDR thirdshift

Religious rights trump transgender rights

On August 18, 2016, a U.S. District Court in Michigan ruled that religious rights under the Religious Freedom Restoration Act (RFRA) trump transgender rights under Title VII of the Civil Rights Act of 1964. EEOC v. Harris Funeral Homes, Inc., 2016 WL 4396083 (E.D. Mich., August 18, 2016).

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EEOC has issued revised proposed rule for collecting equal-pay data

On July 14, 2016, the Equal Employment Opportunity Commission (EEOC) issued a revised proposed rule about collecting equal-pay data. The biggest difference between the initial proposed rule and the revised proposed rule is the date for filing the required form.

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New labor posters need to be posted on August 1, 2016

Because of recent changes in federal employment regulations, new labor posters must be posted by today, August 1, 2016:

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ADA lawsuit abuse may soon end

Small business owners are often surprised to learn that the Americans With Disabilities Act (ADA) provides for very specific architectural standards applicable to the physical locations where businesses operate. These standards are prescribed by the Department of Justice in a manual referred to as the “ADAAG,” or ADA Accessibility Guidelines. They are incredibly detailed, with down-to-the-inch requirements for things such as urinals and toilet paper dispensers. They prescribe the appropriate slope and dimensions of parking spaces, and the type of permissible door handles and locks. They even prescribe the range of appropriate heights for signs and the size of the lettering on signs used at small businesses. There is no funding available to help small businesses meet the requirements of the ADAAG, but violations can be quite costly, as set out below.

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Historic settlement of sexual orientation discrimination lawsuit

On June 28, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it had settled one of its first lawsuits alleging sexual orientation discrimination. The settlement—in the form of a consent decree—requires Pallet Companies, doing business as IFCO Systems (IFCO), to pay $202,200 in addition to a number of nonmonetary requirements. This landmark decree comes less than a year after the EEOC first concluded that discrimination on the basis of an employee’s sexual orientation amounted to sex discrimination.

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