Category Archives: Benefits nondiscrimination

UPS Not Obligated to Provide ‘Light Duty’ to Pregnant Truck Driver, Says Court

A corporate policy that does not include pregnancy among the conditions making an employee eligible for light duty is a “neutral and legitimate business practice,” not evidence of bias against pregnant workers, according to a recent court ruling that dismissed…

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Employers With Fewer Than 15 Employees May Still Have to Obey ADA, Court Rules

In a recent case, the 4th U.S. Circuit Court of Appeals declined to decide whether small companies that are extensions of larger entities must comply with the Americans with Disabilities Act. The court in Reynolds v. American National Red Cross…

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EEOC’s Confidentiality Requirements Are Too Strict, Court Says

Federal guidance on the Americans with Disabilities Act states that all employee medical information must be kept confidential, but that goes above and beyond what the statute requires, the 7th U.S. Circuit Court of Appeals ruled Nov. 20. Despite what…

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Working Mom Calls Foul Against NBA in Bias Lawsuit

A former senior account manager has filed a gender discrimination lawsuit against the National Basketball Association, Inc., alleging that the NBA “pays lip service to gender equality” and is “openly hostile to working mothers.” In the lawsuit, Brynn Cohn claims…

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Courts, Agencies Take Mixed Actions Affecting Same-sex Partners

Branches of the federal government have taken divergent actions affecting same-sex partners. A federal district court upheld a state law defining marriage as occurring between a man and a woman; meanwhile, the U.S. Office of Personnel Management has issued final…

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6th Cir. Allows Bus Driver Trainee’s ADA Suit to Continue

To bring a discrimination claim, a trainee with a disability needs only show that she was qualified to participate in the job training; she doesn’t need to prove that she was qualified for prospective job, the 6th U.S. Circuit Court…

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Maine Voters Latest to Consider Marriage Referenda

Voters in Washington state and Maryland will weigh in on whether same-sex marriage should be legal in their states. Employers in these states — as well as those in adjacent states where same-sex marriage is not legal — would be…

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Full 9th Circuit Refuses to Review California’s Same-sex Marriage Ban

Employers can expect continued uncertainty regarding whether they will need to adjust their plans, documents and policies to accommodate same-sex spouses. The 9th U.S. Circuit Court of Appeals on June 5 refused a petition that the full bench of the…

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Federal DOMA Unconstitutional, First Circuit Says, But Doesn’t Disturb State Laws

Employers and plan administrators hoping clarity will soon dispel the confusing tangle of divergent laws governing same-sex marriage and how they must address it in their benefit plans and HR policies have longer to wait. The 1st U.S. Circuit Court…

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Bill Would Lower Burden of Proof for Employees Bringing ADA, ADEA Claims

Lawmakers have introduced a bill that would lower the burden of proof for employees bringing disability and age discrimination claims. If passed, the Protecting Older Workers Against Discrimination Act (S. 2189) would change the laws’ “but for” standard to one allowing…

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