Sunday, November 30, 2008

Links for 2008-05-21 [del.icio.us]



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[Source: HR Lawyer's Blog]

Transgender Plaintiff Wins Verdict Against Library of Congress

A former Army Special Forces commander passed over for a job as a terrorism analyst at the Library of Congress because he was changing genders won a discrimination lawsuit. Judge James Robinson of Federal District Court ruled that the Library of Congress had engaged in sex discrimination against Diane Schroer of Alexandria, Va., formerly known as David Schroer. The library was initially enthusiastic about the hire, Judge Robinson said in his decision, adding, “The library revoked the...




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Links for 2007-08-17 [del.icio.us]



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New Regulations Issued for Family & Medical Leave Act

Last week, the Labor Department announced final revisions in the Family and Medical Leave Act, including new rules defining how families of wounded service members will be able to take unpaid leave to care for them.  And while the addition of military families to the law has received praise, the agency's other revisions to the Act are causing concern among employee advocates.

Some of the proposed changes include:

Allowing employers to require "fitness-for-duty" evaluations...




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[Source: HR Lawyer's Blog]

Guest Post: Ask Wise Questions Before Terminating An Employee

Lessons From a Hotel Lobby



We think we shape life. That’s wrong. Life shapes us. All

readers know how they first learned this. Here’s my story,

one that will help corporate counsel when it comes to decid-

ing whether to impose the equivalent of capital punishment in

employment: termination.



It was 1975. Much to my mother’s dismay, I dropped out of

college, moved to Washington, D.C., and started to work at a

large, 800-room convention hotel as a desk clerk. Working...




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A Holiday for Workers

How Labor Day Came About



"Labor Day differs in every essential from the other holidays of the year in any country," said Samuel Gompers, founder and longtime president of the American Federation of Labor. "All other holidays are in a more or less degree connected with conflicts and battles of man's prowess over man, of strife and discord for greed and power, of glories achieved by one nation over another. Labor Day...is devoted to no man, living or dead, to no sect, race, or...




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[Source: HR Lawyer's Blog]

Getting Rid of Performance Reviews

The alleged primary purpose of performance reviews is to enlighten subordinates about what they should be doing better or differently. But too often they are used as intimidation aimed at preserving the boss's authority and power advantage. This defeats the purpose of the review and worse, harms employee morale. 

The Wall Street Journal has a good article out this week on why performance evaluations so often do not work.  First and foremost in my mind is this: Performance reviews...




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Links for 2007-02-19 [del.icio.us]



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ADA Amendments Act Working Its Way Through Congress

A large, bipartisan group of senators signed on as co-sponsors of the ADA Amendments Act (S.3406) which was introduced August 1. The bill will strengthen the protections of the original Americans with Disabilities Act (ADA), passed in 1990.



Sens. Tom Harkin, D. Iowa, and Orrin Hatch, R. Utah, led the effort to sign on 66 senators as co-sponsors of the bill.  With so many co-sponsors, there is a good chance that the Senate leadership will bring the bill to the floor to a vote.



The...




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ADA Restoration Bill Passed

The New York Times is reporting that the U.S. House has passed a major civil rights bill on Wednesday that would expand protections for people with disabilities and overturn several Supreme Court decisions issued in the last decade.  We previously addressed this bill here. 



The bill, which was approved 402 to 17, would make it easier for workers to prove discrimination. It would explicitly relax some stringent standards set by the court and says that disability is to be...




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Oral Argument in Crawford v. Metropolitan Government of Nashvilled

Yesterday the Supreme Court heard argument in Crawford v. Metropolitan Government of Nashville, in which the issue is whether and to what extent Title VII’s anti-retaliation provision protects employees from being fired for cooperating with an employer’s internal sexual harassment investigation.

Here is a humorous excerpt from the argument of Eric Schnapper, counsel for the employee that in addition to being funny, really gets to the heart of one of the most important issues in the...




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Inability of Small Company Employees to Get Health Insurance Gains Attention from Congress

As the number of people without health insurance continues to rise, many states and Congress have begun to focus on one of the biggest causes: the growing number of small business owners and their workers who are unable to afford coverage.

Congress, in response, is considering legislation that, among other steps, would make it significantly easier for small businesses to organize insurance-buying pools. Despite bipartisan backing in both the House and Senate, it is uncertain whether the bills...




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Obama on The Dignity of Work

Barack Obama recently spoke at some length regarding his views regarding labor and workplace issues.  The video of his remarks is included below.  Leave a comment and tell us what you think.

P.S. I am looking for video of McCain addressing work-related issues and will post it up as soon as I find it.   

 




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Links for 2007-01-21 [del.icio.us]



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The Presidential Candidates on HR Issues

As promised, here is additional information regarding what each of the presidential candidates plans to do with regard to workplace and HR issues.  This information is taken directly from the candidates' respective campaign websites without any editing or alteration whatsoever.



John McCain

John McCain is calling for National Commission on Workplace Flexibility and Choice. This Commission would bring together a bi-partisan set of leaders representing workers, small and large employers,...




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Supreme Court Issues Two Important Retaliation Decisions

The Supreme Court issued two important decisions this week regarding whether retaliation claims may be brought under 42 U.S.C. s 1981 and the ADEA section dealing with federal employees. 



Gomez-Perez v. Potter, No. 06-1321 (U.S. May 27, 2008) - The plaintiff in Gomez-Perez alleged that after she complained about age discrimination at her federal employer, she was retaliated against in various ways.  She challenged that retaliation under the Age Discrimination in Employment Act...




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And you thought you had it rough at work...

Here is a funny for the end of the week:






<a href="http://www.funnyordie.com/videos/e5714a96a4" _fcksavedurl="http://www.funnyordie.com/videos/e5714a96a4">Angry Boss w/ Will Ferrell</a> on <a href="http://www.funnyordie.com/" _fcksavedurl="http://www.funnyordie.com/">FunnyOrDie.com</a>




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[Source: HR Lawyer's Blog]