As a reminder, all facilities should have their injury and illness summary for 2011 (Form 300A) posted now until April 30, 2012.
New York City Passes Bill Prohibiting Employers From Requesting or Using Credit History in Employment Decisions
On April 16, 2015, the New York City Council passed a bill to amend the New York City Human Rights Law (NYCHRL) to prohibit employers from requesting or using an individual’s credit history in making employment decisions. The bill (Intro. No. 261-A, 2014) would make it an unlawful discriminatory practice under the NYCHRL for any employer, labor organization, or employment agency to request or use the consumer credit history of an employee or an applicant for the purpose of making any employment decisions, including those related to hiring, compensation, or any other terms of employment.
Arbitrator’s Decision Finding Just Cause for Discharge Dooms Subsequent Statutory Claims, District of New Jersey Holds
In Robbins v. U.S. Foodservice, Inc., 2012 WL 3781258 (D.N.J., August 30, 2012), a union employee’s discrimination (NJLAD) and leave law (FMLA and NJFLA) claims were dismissed because her union previously had grieved her termination, an arbitrator had concluded that her termination was for “just cause,” and the New Jersey Superior Court had confirmed the arbitration award denying plaintiff’s grievance. In so ruling, the court agreed with the company’s argument that the plaintiff’s claims were barred under a theory of collateral estoppel (also known as issue preclusion), which precludes a plaintiff from getting two chances to win on the same issue.
On July 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it had unanimously voted to fund a statistical study of the EEO-1 Component 2 data collected for 2017 and 2018. This additional EEO-1 data collection ordered by a federal district judge required employers to file reports showing employee pay and hours-worked information for 2017 and 2018.