There have been several recent legal and legislative developments that will keep HR directors hopping. We provide a rundown of some resources about these developments that we’ve found helpful.
Employment Law – The Supreme Court recently came down on the side of whistle blowers in issuing a judgment favorable to Vicky Crawford, an employee who testified in a workplace sexual harassment case. Shortly after testifying in the case, Crawford and two other workers who testified were fired. She filed a complaint with the Equal Employment Opportunity Commission but lower courts denied her claim because she had not been the initiator of the harassment charge. The Supreme Court found in her favor, stating “If it were clear law that an employee who reported discrimination in answering an employer’s questions could be penalized with no remedy, prudent employees would have a good reason to keep quiet about Title VII offenses against themselves or against others.” Michael Fox of Jottings by an Employers’ Lawyer offers his thoughts on Crawford v. Metropolitan Government of Nashville and the implications for employers.
Legislation – George Lenard at George’s Employment Blawg provides a good backgrounder on the Lilly Ledbetter Fair Pay Act, along with an analysis of the implications for employers:
“Regardless of the impact on litigation, in terms of recommended human resources practices, the Ledbetter Act does not directly require any specific changes, since it merely alters the procedures claimants must follow — and the corresponding procedural defenses available to employers.
Rather, it reinforces the need, in order to comply with substantive pay discrimination law, to carefully review employee compensation, identify any significant disparities along the lines of race, sex, or other protected characteristics, and take all necessary steps to ensure that compensation differences are supported by sound, objective business reasons.”
BLR Founder and CEO Bob Brady weighs in with his editorial in HR Daily Advisor on Comparable Worth: Back from the Dead–Again?
Compliance – Human Resource Executive offers part 1 of an overview of the new FMLA regulations. David Greenspan and Briton Nelson of Suits in the Workplace offer a detailed and helpful post on the new Employer Notice Requirements. They promise more information on other aspects of the new regulations in upcoming posts.