In the news... the DOL is increasing civil penalties as of August 1st and the EEOC has new recommendations regarding transgender rights. We also help explain and clarify options for handling disruptive employees with disabilities and rules regarding FMLA/OFLA interference.
We are celebrating one year of our online resource catalog, HR360! If you are not taking advantage of this free tool, or would like to learn more about it, contact us at (503) 595-2095 or umta@unitedemployers.org
Civil Penalties Are Increasing!
At the end of June the U.S. Department of Labor (DOL) issued an interim final rule that significantly increases civil penalties for multiple federal agencies. The rule sprung from the 2015 Federal Civil Penalties Inflation Adjustment Act meant to increase the effectiveness of civil monetary penalties and to maintain their deterrent effect.
The increases will apply to penalties assessed after August 1, 2016, for violations that occurred after November 2, 2015. Beginning in 2017, the DOL will adjust the civil penalties no later than January 15 of each year.
Heard on the Helpline: Transgender Bathroom Access
Recently a UEA member company CEO requested that Human Resources remove the gender designations on their company restrooms after reading an article online. We received a Helpline call from the HR Department to see if this was a legally necessary step. It turns out the CEO was onto something, and removal of gender designations was indeed appropriate.
EEOC case law has determined that a person who identifies as a male should be permitted to use men's restrooms, and a person who identifies as a female should be permitted to use women's restrooms.
The EEOC recommends that the best practice for employers is to provide the following options, which employees may choose, but are not required, to use:
Single-occupancy gender-neutral (unisex) facilities; and
Use of multiple-occupant, gender-neutral restroom facilities with lockable single occupant stalls.
Is It Ever Okay To Terminate Employees With Disabilities That Interfere With Work?
What should an employer do when a person with mental disabilities disrupts the workplace and engages in extremely dramatic, even suicidal behavior?
Employers in Oregon, Washington and other Ninth Circuit states must explore alternatives to termination in line with the ADA whenever a disabled employee behaves contrary to company policy, even when the unacceptable behavior results from the disability.
In contrast, a Seventh Circuit court of appeals decision, Felix v. Wisconsin Dept. of Transportation, determined behavior associated with a disability could entitle an employer to terminate the employee.
When employees request FMLA (and OFLA) leave, problems arise because many managers don't understand the additional issue of FMLA interference and may make unwarranted comments related to the leave request, even when the leave is granted.
The difference between retaliation and interference is that the former requires proof of discriminatory or retaliatory intent, while an interference theory only requires proof that the employer interfered, restrained or denied the employee their entitlements under the Act.
UEA is a trusted resource for Northwest employers. Our staff attorneys and experts are standing by to answer your HR, labor relations, and employee relations questions. Give us a call--we can help!
UEA Member Warne Scope Mounts was founded by John “Jack” Warne in 1991. With a manufacturing facility in Tualatin, they take pride in producing small and highly precise firearms accessories that require superb finishing and meticulous manufacturing. Learn more here!
Email to a Friend
