What is the takeaway? Employers need to be cognizant of the fact that the use of interns could pose a risk of liability under the federal anti-discrimination laws enforced by the Commission. Consequently, businesses need to consider this risk when deciding how to craft EEO policies, and also in policies and agreements related to summer interns. (Employers should also be mindful that the circumstances where it is permissible to have unpaid interns under the wage/hour laws are limited – seehttp://www.dol.gov/whd/regs/compliance/whdfs71.pdf). … [Read more...] about Are Your Summer Interns Covered By Federal Anti-Discrimination Laws?
Federal anti discrimination law
The crux of the opinion is that a basic tenet of employment law is that “employers can require terminated employees to release claims in exchange for benefits to which they would not otherwise be entitled.” The overriding factor here is that the company terminated the employees – their direct employment would not continue. They were, however, being offered a chance to work with the company in a different way. This wasn’t a benefit of employment with the company, the court reasoned, but a post-termination benefit extended by the company given as consideration for the waiver of claims. … [Read more...] about Is a Company’s Release of Claims a Form of Retaliation under Federal Anti-Discrimination Laws? EEOC v. Allstate
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ApplicationThe new rules apply to any entities ("covered entities") that operate a health program or activity that receives federal financial assistance under programs operated by HHS, including but not limited to Medicaid or Medicare parts A, C and D, but excluding Medicare Part B. (45 C.F.R. § 92.2(a); 81 F.R. 31383). Among others, the rule applies to hospitals, clinics, medical practices, solo practitioners, nursing homes, or other healthcare entities that participate in federal programs other than Medicare Part B. (81 F.R. 31384-85). Covered entities are not required to comply if doing so would violate applicable federal statutory protections for religious freedom and conscience. (45 C.F.R. § 92.2(b)). Also, the regulations do not apply to employment discrimination. (45 C.F.R. § 92.101(a)(2)). … [Read more...] about Language Assistance for Non-English Speakers: New ACA Anti-Discrimination Rules
On February 13, 2015, the U.S. Court of Appeals for the Second Circuit reiterated that courts must analyze claims under the New York City Human Rights Law (“NYCHRL”) “separately and independently from any [related] federal and state law claims.” … [Read more...] about Second Circuit Reiterates: Bigger Hurdles For Employers Under Big Apple’s Anti-Discrimination Law