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The Office of Federal Contract Compliance Programs
("OFCCP") recently issued a directive to federal
contractors and subcontractors on their use of criminal records in
the hiring process. Noting that nearly one in three adults now has
a criminal record, and that racial and ethnic disparities are
reflected in incarceration rates, the OFCCP advised contractors
that hiring policies and practices that exclude workers with
criminal records may run afoul of anti-discrimination laws. The
OFCCP stated that recent guidance issued by the Equal Employment
Opportunity Commission ("EEOC") on the use of criminal
records will assist contractors in implementing practices that are
in compliance with their non-discrimination obligations and in
ensuring that any criminal conduct exclusions are job related and
consistent with business necessity. In addition, the OFCCP
recommended that contractors adhere to the EEOC's suggested
"best practices," including requiring individualized
assessments that are narrowly tailored to the specific
circumstances of the job at issue.
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A female employee traveling for her employer met a "friend" and at her motel room with him became "injured whilst engaging in sexual intercourse when a glass light fitting above the bed was pulled from its mount and fell on her."
The "just cause" standard has long been a cornerstone of traditional labor law (under many collective bargaining agreements, employees generally cannot be discharged except with "just cause").
The Affordable Care Act provides employees who are not offered health coverage by their employers with the option of purchasing health coverage through new health insurance marketplaces (also known as health insurance exchanges) that will operate in every state.
Beginning in 2014, the Affordable Care Act will require "large" employers to offer their full-time employees healthcare coverage that meets certain standards or pay a penalty.
The Affordable Care Act’s employer shared responsibility rules will require large employers to make an offer of minimum essential coverage to at least 95% of their full-time employees or pay a non-deductible excise tax on all their full-time employees.
The Defense of Marriage Act (DOMA) defines marriage at the federal level as a legal union between one man and one woman and excuses states from any obligation to recognize same-sex marriages recognized in any other state.
Employers have until October 1, 2013, to provide notice to current employees of coverage options available through the Health Insurance Marketplace established under the Affordable Care Act.
Issues After The Election
