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Holistic Approach to Combat Harassment in the Workplace

A year following the inception of the #MeToo movement, the Equal Employment Opportunity Commission (EEOC) held a public meeting on October 31, 2018, entitled Revamping Workplace Culture to Prevent Harassment. During this meeting, the Commission heard from 7 panelists who testified about how each of their respective organization are tackling harassment in the workplace through preventive measures, innovative training approaches, awareness campaigns, and leadership accountability.
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Publications

Federal Discrimination Law Update

R.G. & G.R. Harris Funeral Home v. EEOC, has drawn some attention because the Department of Justice (“DOJ”) once again has voiced a position contrary to the Equal Employment Opportunity Commission (“EEOC”). In R.G. & G.R. Harris Funeral Home v. EEOC, the Sixth Circuit found that discrimination against employees, either because of their failure to conform to sex stereotypes, or their transgender or transitioning status, violates Title VII.
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The Continuing Saga of the Joint Employer Standard

As we indicated previously, the joint employer dilemma is being addressed by the National Labor Relations Board (NLRB) by way of a proposed rule. The proposed rule was announced in September of 2018 in response to the Browning-Ferris decision issued in 2015.
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Second District Court of Appeals Rules on Parking Lot Fight

The mere fact that an injury occurs on company property during or near an employee’s work shift does not mean the injury is compensable under Ohio law. Employers should be mindful to scrutinize all potential claims to determine whether the alleged injury occurs in the course of or arises out of employment. A recent decision from the Second District Court of Appeals illustrates this point.

In Garner v. Bur. of Work. Comp., 2nd Dist. Case No.
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OSHA launches Site-Specific Program to Target High Injury and Illness Rates

On October 17, 2018, OSHA issued a Trade Release Communication to advise employers of its Site-Specific Targeting Program. The program will utilize injury and illness information which has been electronically submitted by employers for the calendar year 2016. The program will target high injury rate establishments in both the manufacturing and non-manufacturing sectors for inspection.
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OSHA and Its New Approach to Drug Testing Programs and Safety Incentive Policies

On October 11, 2018, OSHA issued a Memorandum to Regional Administrators clarifying the agency’s position on workplace safety incentive programs as well as post-incident drug testing policies. By way of background, on May 12, 2016, OSHA published a final rule which amended 29 CFR 1904.35 prohibiting employers from retaliating against employees for reporting work-related injuries or illnesses.
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