May 2023 | HR and Employment News

Volume 22 | May 2023

HR and the Law in the News

FiveL Company's 17th Annual Employment Law, Legislative & Regulatory Update full-day, web-based seminar is May 19th!

See Upcoming Events or click here for the day's agenda and to register.

Four Federal Agencies Issue Cautionary Warning on Use of AI

On April 25th, four federal agencies issued a joint statement on "Enforcement Efforts Against Discrimination and Bias in Automated Systems."

If you think your company is not using Artificial Intelligence (AI) in your employment practices, think again; you might be surprised.

Click here for more information.

Beware the Risks of Rude Remarks

On March 30th the U.S. EEOC filed a lawsuit alleging a business owner and managers intentionally created a hostile work environment for a transgender employee.

Click here to find out what the owners did (not) do.

Business illustration of businessman with gray hair and the words_ Ageism gets old .

Asking "When Will You Retire?" May Backfire

It seems March 30th was a busy day for the EEOC's litigators. In addition to the lawsuit mentioned above, the EEOC filed another. This case was also based on workplace comments, This time about an employee's age.

Click here for the full story

Fudging the Numbers? Know Your HR Metrics

In the last week of April, I read several sources that cited YTD stats of corporate layoffs and hiring freezes. If the trend continues, we will see more in 2023 than 2022!

Many employers are struggling with recruitment and retention challenges. Know your HR metrics to see where you've been, where you're headed, and what variables you can use to enhance your results.

HR_ People analytics concept. Transforming HR landscape to achieve sustainable business success. Deeply data driven and goal focused people processes_ functions_ challenges_ and opportunities at work.

Click here for an example and resource.

Do You Follow Your Own Policies?

A company's owner and acting HR Chief issued a written warning to an employee for violating the company policy that prohibited, “use of disparaging or abusive words or phrases, slurs [or] negative stereotyping.”

The employee then filed a claim with the National Labor Relations Board alleging the employer violated the National Labor Relations Act, e.g., it discriminated against him because of his union activities.

Policies Privacy Policy Information Principle Strategy Rules Thoughtful male person looking to the digital tablet screen_ laptop screen_Silhouette and filter sun

Click here to read what went wrong.

Derogatory Remarks + Lack of Documention = Appearance of Discrimination

In a recent case, a district court granted the employer’s request for summary judgment on all eight claims of alleged age discrimination and unlawful retaliation. But on appeal, the 5th Circuit Court of Appeals reversed three of those.

Why? As the court wrote, “We find that material factual disputes preclude summary judgment on these counts.”

Click here to read why the employer lost on appeal.

COVID-19 Declaration as Public Health Emergency Set to Expire

You may recall that back on February 9th, HHS announced the Public Health Emergency declared for COVID-19 would “expire at the end of the day on May 11, 2023.”

It has been more than three years since COVID-19 was declared a Public Health Emergency.

Click here for some resources for more information.

UPCOMING EVENTS

Friday, May 19th - "17th Annual, "Employment Law, Legislative & Regulatory Update," a full-day web-based seminar. 8:30 - 4:00 ET pre-approved by HRCI and SHRM for 6.5 credits. $99 pp.

Wednesday, May 24th - "Conducting Prompt and Proper Workplace Investigations" 10:00 11:15 a.m. ET (webcast) Pre-approved by SHRM for 1.25 credits and HRCI for 1.25 HR credits.