As reported on the Hunton Employment & Labor Perspectives blog, the NLRB’s Office of the General Counsel (“the General Counsel”) recently issued an internal directive regarding the manner in which NLRB Regions prosecute duty of fair representation charges against unions. Under the National Labor Relations Act, unions have a duty of fair representation to the members of the bargaining unit it represents by engaging in conduct that is not arbitrary, discriminatory or in bad faith, particularly with regard to the processing of worker grievances. Board law has established (and unions typically offer as a defense) that “mere negligence” alone does not amount to arbitrary conduct that would serve to breach the duty of fair representation. Continue Reading NLRB General Counsel Elevates Standard for Unions’ Duty of Fair Representation

Employers in the retail sector are constantly faced with the balancing act of relying on their workforce to operate a profitable business while also managing employees who are unable to work at full capacity due to an illness or disability. The patchwork of laws and regulations requiring employers to provide leave or accommodation can overlap with one another, creating uncertainty as to when employers can terminate sick or disabled employees. For example, it is a common scenario for an employee to exhaust his/her 12-week medical leave under the Family Medical Leave Act (“FMLA”) and then request additional leave as an accommodation under the Americans with Disabilities Act (“ADA”).    Continue Reading Seventh Circuit Rejects Extended Leave as Reasonable Accommodation Under ADA

Recently, the EEOC has announced the approval of a revised EEO-1 report (“Revised Report”), applying to the 2017 calendar year with the first report due by March 31, 2018. In addition to the disclosures required by the current EEO-1 report, the Revised Report will require employers with 100 or more employees to provide compensation data and the number of hours worked by employees across 12 separate pay bands, categorized by gender, race and ethnicity. The current EEO-1 report only collects data regarding the number of employees categorized by gender, race and ethnicity in 10 different job groupings. Continue Reading EEOC Requires Disclosure of Pay Data in Revised EEO-1 Report

The issue of religious background has generated substantial discussion during the current election cycle. Recently, the federal government highlighted the issue of religious discrimination and accommodation in the workplace.  Continue Reading Government Raising Awareness Regarding Religious Discrimination in the Workplace