We have moved our offices to the Hoff Building in downtown Boise on 8th and Bannock in Suite 204. Drop by for a visit if you’re in the area!
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EEOC Sues FedEx for Disability Discrimination
In a press release, today, the EEOC announced that it has sued shipping giant FedEx for discriminating against deaf and hearing-impaired employees. The charges accuse FedEx of:
- Failing to provide needed accommodations such as American Sign Language (ASL) interpretation and closed-captioned training videos during the mandatory initial tour of the facilities and new-hire orientation for deaf and hard-of-hearing applicants;
- Failing to provide such accommodations during staff, performance, and safety meetings; and
- Refusing to provide needed equipment substitutions and modifications for deaf and hard-of-hearing package handlers,
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Proposed Rule Prohibits Federal Contractor Discrimination Against Workers Who Discuss Their Pay
Excerpted from the Department of Labor news release:
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs today announced a proposed rule that would prohibit federal contractors from maintaining pay secrecy policies. Under the terms of the proposal, federal contractors and subcontractors may not fire or otherwise discriminate against any employee or applicant for discussing, disclosing or inquiring about their compensation or that of another employee or applicant.
“Workers cannot solve a problem unless they are able to identify it.
President Obama Signs Executive Order Prohibiting Sexual Orientation & Gender Identity Discrimination
Yesterday, July 21, 2014, President Obama signed an Executive Order which amends prior Executive Orders 11246 and 11478. The amendments expand discrimination protection for federal government employees and contractors, prohibiting discrimination based upon sexual orientation and gender identity. While this Order does not apply to private employers who don’t have qualifying federal contracts or subcontracts, it is similar to the several city ordinances in Idaho that offer protection on the basis of sexual orientation and gender identity.
EEOC Updates Pregnancy Discrimination Act Guidance
On July 14, the Equal Employment Opportunity Commission updated its guidance for the enforcement of the Pregnancy Discrimination Act (“PDA”). The PDA is an amendment to Title VII of the Civil Rights Act of 1964 which prohibits discrimination because of pregnancy in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment. The new guidance reflects the liberal approach the EEOC is taking with regard to gender discrimination and also its enforcement of the Americans with Disabilities Act (“ADA”).
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Idaho Supreme Court Upholds Denial of Unemployment for Facebook Posts
Talbot v. Desert View Care Center (June 20, 2014)
Joseph Talbot worked at Desert View Care Center as a nurse and was discharged due to a Facebook post that Desert View found violated its Social and Electronic Media Conduct Policy. Talbot applied for unemployment benefits, and the Idaho Industrial Commission concluded that Talbot engaged in employment-related misconduct, denying him benefits. Talbot appealed to the Idaho Supreme Court, arguing that Desert View never communicated its Social Media Policy to him.
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U.S. Supreme Court Upholds D.C. Appeals Court Ruling in Noel Canning
This morning, the United States Supreme Court issued its long anticipated decision in Noel Canning. It upheld the D.C. Court of Appeals decision that President Obama’s three recess appointments to the National Labor Relations Board (Richard Griffin, Sharon Block, and Terence Flynn) were invalid appointments. As discussed in an earlier article, this could potentially invalidate hundreds of NLRB decisions issued during the time the Board did not have a sufficient number of legitimate members to create a valid quorum.
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What if You’re Using the Wrong I-9 Form?
In a previous blog post I discussed that the U.S. Citizenship and Immigration Services (USCIS) published a new I-9 form for use after May 7, 2013. A client recently discovered that it had been using the old version of the I-9 form, and asked for my advice on how to correct it. After research and discussion with the USCIS, the answer is pretty simple. If you find yourself in the same position, complete a new,
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Pocatello Voters Uphold Anti-Discrimination Ordinance
Yesterday, May 20, 2014, the city of Pocatello held a referendum to allow its voters to decide whether to repeal its ordinance prohibiting discrimination on the basis of sexual orientation and gender identity. The people of Pocatello narrowly retained the ordinance, 4,885 voting to retain, and 4,738 voting to repeal the local ordinance.
Pocatello is currently one of seven Idaho cities with this type of local ordinance and the first to put its ordinance up for a popular vote.
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NLRB Says College Football Players May Unionize
In a surprising decision on March 26, the NLRB Director for Region 13 covering Illinois and Indiana issued a decision and direction of election holding Northwestern University’s college football athletes are university “employees” as defined by the National Labor Relations Act (“NLRA”) and could vote whether to be represented by a union.
The decision focused on the grant-in-aid scholarships the athletes received to fund their education. If upheld, other grant-in-aid scholarship athletes across the country may be entitled to unionize.
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