Introduction

For the first time, a federal appellate court has determined that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Under Title VII, an employer may not take an adverse employment action against an employee on the basis of a protected characteristic, such as race, color, religion, national origin, or sex. On April 4, 2017, the full panel of the U.S. Court of Appeals for the Seventh Circuit held in Hively v. Ivy Tech Community College of Indiana that sexual orientation is a protected class that may be used as a basis to bring a discrimination or retaliation suit under Title VII.

Read the case discussion on the HRUSA blog here: http://blog.hrusa.com/blog/federal-court-prohibits-sexual-orientation-discrimination/.

Intentional torts committed by employees are difficult for employers to both anticipate and protect against. When an employee commits a criminal act against another employee or a third party, the law generally considers whether the employer knew or should have known that the employee posed a danger in deciding whether a duty to protect against the harm was owed. However, an employee’s dangerous propensity is often difficult to predict.  Employees rarely make overt criminal threats or give unambiguous indications that they intend to cause harm. Further, employers are judged in retrospect, and with the benefit of hindsight, in deciding whether seemingly innocuous comments or acts should have been taken as warning signs that the employee posed a danger.

CASE DISCUSSION

On March 24, 2017, in Anicich v. Home Depot U.S.A., the Seventh Circuit extended the duty of Illinois employers to protect against criminal acts by an employee occurring away from the workplace, when a supervisor uses his or her “supervisory authority” to compel an employee to attend a private event under the threat of termination or job reduction.  The case arose out of a supervisor’s rape and murder of a subordinate employee during a trip to attend a family wedding in a different state, when the supervisor had previously threatened to either fire or reduce the employee’s hours if she did not attend.

To read the rest of the article, visit the HRUSA Law Blog at: http://blog.hrusa.com/blog/employers-may-be-liable-for-violence-away-from-work/.

The Labor & Employment attorneys at Weintraub Tobin specialize in conducting independent investigations into complaints of misconduct in the workplace. At Weintraub Tobin, we take pride in the top-notch investigations conducted by our experienced group of attorney-investigators.  Our attorneys have conducted hundreds of investigations for private companies, for-profit companies, non-profit companies, cities, counties, and state agencies, school districts, community college districts, and other special districts. For more information, please visit our Workplace Investigations page here.

As the national controversy continues to swirl around immigration issues, a federal appellate court this week faulted an employer for demanding that an employee provide information to prove “‘legal right to work in the United States … as required by the Immigration Control and Reform Act of 1986.’”  The U.S. Circuit Court of Appeals for the Ninth Circuit (“Ninth Circuit”) ruled in Santillan v. USA Waste of California, Inc., Case No. No. 15-55238, that Gilberto Santillan — a 53-year-old, Spanish-speaking garbage truck driver — did not have to “provide proof of employment eligibility.”

The appellate court said that was so because Santillan, who had worked for the employer for 32 years, had been fired and then reinstated shortly before his employer required him to provide such proof.  It may come as a surprise to employers to learn that an employee who is fired and then reinstated may not have to prove his or her eligibility to work in the U.S. upon reinstatement, but that is the case under federal law. Brenden-Begley-05_web Continue Reading Requiring Employees to Prove Eligibility to Work in the U.S. Can Lead to Liability

Pennsylvania’s Wage Payment and Collection Law requires employers to pay all wages, other than fringe benefits and wage supplements, due employees on regularly scheduled paydays designated in advance by the employer in cash, bank check, or direct deposit. As of May 4, 2017, Pennsylvania employers will have another option to pay employee wages each pay period.

On November 4, 2016, Governor Tom Wolf signed Senate Bill 1265 which amends the banking code to allow employers to use a payroll debit card on which an employer can load an employee’s wages each pay period.  The payroll debit cards work like an ATM card but without the employee needing to have a bank account to access the funds.  The sponsor of the bill introduced this option to provide an option to employees to avoid the costs of check cashing and money orders for those with little or no access to traditional banking.

The amendment allows for employers to use the payroll debit cards with certain restrictions that are intended to ensure that employees have access to the full amount of their wages, with unlimited, no-cost access to their accounts.  Read what these restrictions include at: http://blog.hrusa.com/blog/pennsylvania-employers-can-pay-wages-with-payroll-cards/.