Documentation: Better Late Than Never?

A manager fires an employee for unsatisfactory work performance. The employee sues for age discrimination alleging the reason given for his discharge was a pretext for age discrimination. Why? At the termination meeting, the manager gave him three notices: the termination notice and two “final” warnings. Why? The manager testified that the HR representative instructed him to give the employee the final warnings concurrently with the termination notice. Did HR get thrown under the proverbial bus? How'd that turn out?

U.S. EEOC Obtains $500K to End DEI-Related Race Discrimination

Following an investigation, the EEOC found reasonable cause to find that the employer unlawfully discriminated against white employees as part of its DEI-related program. Why? What did the employer do?

U.S. DOL Sends Joint Employer Rule to OMB

On March 16th, the Office of Management and Budget received the DOL’s Joint Employer Rule. This was not unexpected. In fact, it may be later than expected. Last Fall the DOL published notice in its Spring Regulatory Agenda suggesting a new rule might be published by December 2025.

President Issues EO Eliminating "Racially Discriminatory DEI Programs" by Federal (Sub)Contractors

On March 26th, President Trump issued an Executive Order (EO) that will impact private sector, federal (sub)contractors. The EO requires federal agencies to insert a new clause into covered federal (sub)contracts prohibiting them from engaging in racially discriminatory DEI activities. How are those defined?

It's that Time of Year - Almost!

FiveL's 20th Annual Employment Law, Legislative & Regulatory Update Webcast, May 22nd

Registration is now open and includes the handout, per person access to the full-day live and recorded event, and pre-approved by HRCI and SHRM for 6.5 credits. All at the same price since 2020!! $99 per person.