HARASSMENT PREVENTION BEGINS AT THE TOP

April 25, 2016 Author:  Bobbi K. Dominick Workplace harassment has likely existed since the beginning of the workplace itself.  Discriminatory animus against classes of people has existed since the beginning of humanity. Since the 1960s, Title VII and related discrimination laws have required U.S. employers to take harassment prevention more seriously. As often happens, imposing... View Post

YOU WORK OVERTIME AND I GET PAID TOO: USING STATISTICAL EVIDENCE TO PROVE CLASS ACTION CLAIMS UNDER THE FLSA

April 5, 2016 The U.S. Supreme Court recently made it easier for employees to prove class action claims under the Fair Labor Standards Act (FLSA). Using statistical “representative evidence,” over 3,000 employees of Tyson Foods asserted FLSA claims alleging unpaid overtime for “donning and doffing” their protective gear. A jury awarded the employees $2.9 million.... View Post

BREAKING OUT OF THE MOLD

March 23, 2016 While certain industries or positions may appear to typically employ a certain type of person, employers must be vigilant and ensure that job qualifications – whether written or not – do not implicate a protected class such as age or gender.  Avoiding classifications implicating protected classes is something that applies at all... View Post

BEWARE OF REVERSE DISCRIMINATION

March 8, 2016 The 7th U.S. Circuit Court of Appeals ruled that a white construction worker who said he was laid off from a Missouri project because it wasn’t meeting its labor contract’s federally mandated minority-hiring goal can take his claims to trial. On February 3, 2016, the 7th Circuit reversed the grant of summary... View Post

DEALING WITH WORKPLACE VIOLENCE

March 7, 2016 Author:  Bobbi K. Dominick With the latest workplace shootings fresh in our minds, employers may turn to the obvious question:  Have we done enough to prevent and promptly respond if it happens in our workplace?  Employers must strike a balance between generating hysteria and encouraging vigilance.  INSIGHTS FOR EMPLOYERS Here are some... View Post

A RENEWED EEOC FOCUS ON POST-COMPLAINT RETALIATION MANDATES ANOTHER LOOK AT EMPLOYER BEST PRACTICES

March 1, 2016 Author:  Bobbi K. Dominick On January 21, 2016 the Equal Employment Opportunity Commission (EEOC) issued a proposed enforcement guidance on retaliation under the myriad federal anti-discrimination statutes that the EEOC enforces.  The guidelines are proposed, and public comments on the proposals were open until February 21, 2016.  Now the EEOC will consider... View Post

SHOULD IDAHO EMPLOYERS INCLUDE LGBT NONDISCRIMINATION IN THEIR POLICIES?

February 26, 2016 Author:  Bobbi K. Dominick Over the past few years, Idaho media has focused heavily on the “Add the Words” campaign, which advocates changing the Idaho Human Rights Act to add sexual orientation and gender identity to the provisions prohibiting employment and public accommodations discrimination.  With the legislature’s actions in refusing to “Add... View Post

EEOC IS COMBATING EMPLOYMENT DISCRIMINATION ON BEHALF OF FARMWORKERS

February 23, 2016 As many employers already know, one of the Equal Employment Opportunity Commission’s (EEOC) declared national priorities and strategies is to use litigation to prevent workplace harassment.  A recent EEOC lawsuit highlights this strategy and points out that the EEOC’s litigation focus remains a matter of serious concern for Idaho employers, particularly in... View Post

EMPLOYEE DIVERSITY OR DISCRIMINATION?

February 19, 2016 Author:  Taylor H. Fouser REVERSE DISCRIMINATION On February 1, 2016, a former Yahoo employee sued the company in US district court for actual and intentional gender based discrimination (Gregory Anderson v. Yahoo!, Inc.).  The plaintiff, Gregory Anderson, worked as an editorial director for the company for four years, until his firing in... View Post

IGNORING COMPLAINTS COULD GET YOUR COMPANY IN THE NEWS (AND NOT IN A GOOD WAY!)

February 9, 2016 Author:  Bobbi K. Dominick An illustrative investigation recently hit the news.  The January 2016 Washington Post headline reads:  “Female Park Service employees say they were harassed on Grand Canyon trips.”  The article details an extensive investigation undertaken about operations at National Parks along the Grand Canyon.  Many details were included in the... View Post