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Employment Law

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The Curious Question of Cultural Fit
Discussions around cultural fit at an organization can sometimes involve certain euphemisms for what amounts to justifying prejudice, or at least, bias. Wharton experts debate whether cultural fit is simply a qualification for hiring or perhaps a disguise for bias.
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Balancing Freedoms in the Workplace
A recent lawsuit filed in Michigan raises questions about how an employer can balance employees' religious freedoms with employees' sexual orientations.
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Discrimination or Common Sense?
A recent appeals court ruling overturning an NLRB decision that favored workers wearing defamatory shirts in the workplace may signal a pushback against the Board's pro-workers agenda, experts say.
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Get Ready for Quickie NLRB Elections
Here are 10 steps HR leaders should take to ensure their organizations are not caught off-guard by the National Labor Relations Board's new rules on union-election petitions.
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The ADA at 25
It's now been a quarter century since the Americans with Disabilities Act was signed into law. Experts discuss the impact the ADA has had in its first 25 years, and how the Act figures to affect employers in the years ahead.
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What's Your Disability Equality Index Score?
Approximately one in five people in the United States has some form of disability. Now, a new tool can help employers improve the effectiveness of their disability-inclusion practices.
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Adjusting to the DOL's New Overtime Rules
Experts debate whether the proposed new overtime rules from the Department of Labor will help or hurt the very employees the agency seeks to protect.
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HR and the Same-Sex Marriage Ruling
After last Friday's U.S. Supreme Court ruling that made marriage a fundamental right for same-sex couples, HR and employment-law experts weigh in about how HR may benefit from administrative improvements as well as face new challenges.
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King v. Burwell: Now the Work Must Continue
The Supreme Court has handed down one of its most momentous decisions affecting employers in years, forcing many companies to move from a "wait-and-see" approach to a "hurry-up" mode when it comes to Affordable Care Act compliance.
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Spreading Eastward?
A controversial new measure in San Francisco will impose new regulatory burdens on retailers there. But its supporters say it -- and similar measures being debated elsewhere -- are good for employees and for business.
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Increasing HR's DOL-Audit Awareness
When it comes to audits of organizations' employee-benefit plans, a recent federal report shows there's much more work to be done, and experts say HR leaders can play a vital role in defending against threats to workers' nest eggs.
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Ending Probationary Periods
Some labor attorneys are encouraging companies to eliminate probationary periods for employees because they can jeopardize their at-will employment status and may cause other serious legal ramifications for an organization.
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Revisiting FCRA Requirements
A recent spate of class-action suits should remind employers and HR of the steep cost of FCRA violations. Experts say the time is right for employers to reassess their background-checking processes -- and the role staffing and consumer reporting agencies play in those processes.
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Wellness-Incentive Guidance on the Way
By Mark McGraw
The Equal Employment Opportunity Commission recently proposed a rule designed to provide guidance on the legal use of financial incentives to encourage participation in wellness programs. Experts say employers largely welcome the direction, but must be aware of the changes the new regulations may bring.
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On Guard Against Ageism
Experts say HR needs to ensure older workers are not overlooked when resources become scarce, as recent studies reveal that younger employees are favored over older ones when budgets get tight.
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Equal vs. Special Treatment in Pregnancy
A new study finds pregnant employees are more concerned about job status and perceptions of their pregnancy than what accommodations are in store for them. Some say this counters Young v. UPS' underlying assumptions, while others disagree with that conclusion.
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Navigating Pregnancy-Discrimination Issues
While the Supreme Court decided not to rely on an Equal Employment Opportunity Commission's 2014 guidance in rendering its recent Young v. UPS case, it still provides crucial insight on how the agency looks at issues related to pregnancy and how HR can properly train managers supervising pregnant workers.
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Tipping the Scales
Experts say the outcomes of three gender-bias lawsuits filed in Silicon Valley could affect HR organizations across the country.
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Legal Clinic Column

Question: We just completed an internal investigation into allegations of discrimination and found the evidence did not substantiate the claim. Are we required by law to tell the complaining employee -- who keeps asking about the investigation -- sensitive information uncovered by the investigation? If not, is there a best practice for how much information HR should share about an investigation and its results with the complaining employee?
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