UPDATES FOR WICHITA HR PROFESSIONALS
By Trinidad Galdean, JD, PHR on February 2012
EEOC - Number of Discrimination Charges
The EEOC issued a press release on January 25, 2012 on the number of discrimination charges for 2011. The report identified the retaliation charges were the highest percentage of the complaints received (approximately 37%). Race discrimination complaints received were second (35%). The EEOC also collected approximately $455 million in relief from employers. This is a $51 million increase from 2011. According to the EEOC report, ADA charges had the highest amount of monetary relief in 2011.
NLRB – Social Media Report. On January 25, 2012, the NLRB issued a second report on social media cases. The referenced "Operations Management Memo" identifies 14 cases on employers' social media policy. According NLRB, the report underscores two main points:
(1) Employer policies should not be so sweeping that they prohibit kinds of activities protected by Federal labor laws; and (2) Employees that has made comments to social media are generally not protected if they are mere gripes not made in relation to group activity among employees.
U.S. Supreme Court - GPS tracking decision affects employers. On January 23, 2012, the U.S. Supreme Court issued a unanimous ruling relating to law enforcement use of GPS device on a suspects vehicle in order to track the vehicle's location. The decision has raised issues as to the employer's tracking of employees for management and/or investigative purposes. Such tracking devices by employers occasionally involve vehicles, smart phones and laptops. The decision does raise issues of employer's reinforcement of policies and procedures as they relate to privacy on employment matters at work. The case is identified as United States v. Jones, 10-1259 (January 23, 2012).
FLMA – Proposed Revisions. On January 30, 2012, the DOL announced proposed changes to the FMLA. The changes would expend military family leave provisions and incorporate special provision for airline flight crew employees. According to the DOL, the proposed language would extend entitlement of military caregiver leave to family members of veterans for up to 5 years after the veteran leaves the military. The current law only covers family members of “currently serving” service members. There is also a proposed expansion related to extending qualifying exigency leave to employees with family members that serve in the regular armed forces. More information on the proposed Rule changes can be found at the DOL website.