Does Your Job Application Ask about Family Health History?

If it does, you are violating the Genetic Information Nondiscrimination Act (“GINA”). GINA prohibits employers from requesting or using genetic information in the hiring process.  Practically, that means an employer cannot ask an employee or applicant if anyone in their family suffers from a disease or illness, and cannot require disclosure of this information as… Continue reading Does Your Job Application Ask about Family Health History?

EEOC Continues to Target Pregnancy Discrimination

Three of the last eight news releases from the EEOC detail lawsuits or settlements arising from pregnancy discrimination. While the facts of each case differ, the cases are a reminder that employers should not: make negative comments about a pregnant employee’s condition; second guess a doctor’s release that permits a pregnant employee to work without… Continue reading EEOC Continues to Target Pregnancy Discrimination

Oregon Gets $500,000 for Worker Misclassification Detection

Today the Department of Labor announced $10.2 million dollars in funds to implement or improve worker misclassification detection and enforcement initiatives in unemployment insurance programs.  According to the DOL, the funds will be used to increase the ability of state unemployment insurance tax programs to identify instances where employers improperly classify employees as independent contractors or… Continue reading Oregon Gets $500,000 for Worker Misclassification Detection

NEW OSHA REPORTING REQUIREMENTS

Beginning January 1, 2015, employers who are covered by OSHA have increased reporting requirements for on-the-job injuries.  Employers will now have to report in-patient hospitalizations, amputations, and loss of an eye within 24 hours of the work-related accident.  Currently, employer reporting obligations are limited to work-related fatalities or where three or more workers were hospitalized… Continue reading NEW OSHA REPORTING REQUIREMENTS

Employer Medical Release Too Broad

Earlier this week, the EEOC sued an employer for firing an employee who refused to complete an over broad medical release and because the release requested information about the employee’s family medical history. The employee was asked to complete the release in connection with a “fitness for duty” examination.  According to the EEOC’s lawsuit, the release required that… Continue reading Employer Medical Release Too Broad

“Fitness for Duty” Certification after Medical Leave

Most employers require employees to provide a “fitness for duty” certification in order to return to work after medical leave.  However, unless an employer provides a list of essential functions of the employee’s job and requests that the certification address the employee’s ability to perform those essential functions, all the certification must state is that… Continue reading “Fitness for Duty” Certification after Medical Leave

Employee Discussions on Facebook about Employer Tax Mistakes are Protected

Employers occasionally make errors on paychecks. A recent NLRB decision reminds employers that the National Labor Relations Act can protect employee conversations about those mistakes – even if the conversations take place on social media.  In Three D, LLC, the employer fired two employees for their participation in a Facebook discussion about the employer’s withholding mistakes… Continue reading Employee Discussions on Facebook about Employer Tax Mistakes are Protected