Error messageNotice: Undefined offset: 2 in tb_megamenu_insert_tb_item() (line 343 of /home/durrettlang/public_html/sites/all/modules/tb_megamenu/tb_megamenu.functions.inc).
Last year the NLRB's Boeing case set up 3 new "categories" for employee handbook policies:
- Category 1 (Green): Lawful rules that do not unduly restrict NLRA rights
- Category 2 (Yellow): Rules needing case-by-case analysis; Board weighs harm to employee rights against employer considerations;
- Category 3 (Red): Unlawful rules that unduly restrict NLRA rights
This recent memo from the NLRB's General Counsel categorizes some common workplace rules to illustrate.
Pricey Personnel Policy: Casino pays $3.5 million to settle suit over return to work policy that 1) required 100 percent healing, 2) didn't allow for engagement in an interactive process, and 3) prevented employees with protected disabilities from receiving reasonable accommodations.
The casino also allegedly violated the ADA by forcing employees to quit because they were regarded as disabled, had a record of disability, and/or were associated with someone with a disability.
Hawaiian Tour Company President Forced to Step Down, Accused of Sexually Harassing Male Employees for More Than a Decade:
A Hawaii tour/entertainment company settled a sex harassment suit filed by the EEOC, alleging the president sexually harassed male employees for years, many who either quit due to the harassment or were retaliated against for reporting it.
The parties signed a three-year consent decree providing: $570,000 in damages to certain male employees and requiring that the president have no further involvement in operating or controlling any of the three related companies. Moreover, an external EEO consultant must ensure the compliance with Title VII and anti-retaliation policies.
Staffing Company Discriminates Like its 1959: The EEOC has filed suit against Staffing Solutions of WNY, Inc. in Buffalo, NY, for acting like the Civil Rights Act of 1964 had never been passed. Rarely do you find so many cautionary tales in one case. The long list of discriminatory and retaliatory acts alleged includes:
- Refusing to hire highly qualified black applicants
- Placed blacks in the lowest paying, least desirable jobs