Last week, Uber suffered a setback in one of the many driver-initiated lawsuits it’s defending. A federal judge in California ruled that the popular ride-sharing app cannot compel arbitration of claims by drivers relating to mandatory background checks. Arbitration of employment claims, often favored by employers because it can prevent costly litigation, has been controversial for years. In 1997, the EEOC issued a policy statement stating, “agreements that mandate binding arbitration of discrimination claims as a condition of employment are contrary to the fundamental principles” of anti-discrimination law. Other agencies have followed suit, making arbitration a risky proposition.
- A transportation and logistics company will pay $180,000 to five employees to settle race and national origin discrimination claims brought by the EEOC.
- TalentCulture offered great tips on promoting the success of women in technology.
- Jon Hyman covered a case in which a recruiter forwarded an email to an applicant that included the hiring manager’s discriminatory reason for the applicant’s non-selection.
- The U.S. Department of Defense – the U.S.’s largest employer – added sexual orientation to its list of protected classes under its EEO policy.
- The Boston Globe covered studies showing that changing your name on your resume could minimize discrimination.
- A federal employee described “collective panic” over the massive hack of the U.S. Office of Personnel Management that affected as many as 14 million current and former federal employees.
- Robin Schooling provided tips on how to find and purchase HR tech.
- Salesforce showed it is serious about wearable devices at work.
- Jonathan Segal and Sharlyn Lauby discussed the legal ins and outs of recording conversations at work.
- Payroll giant ADP turned off Zenefits’ access to ADP payroll information due to cybersecurity risks, and Zenefits cried foul.
- Corporate Counsel warned employers about the Federal Trade Commission Endorsement Guidelines and described what to do when employees endorse products or their employer.
- Website accessibility is the focus of a growing number of claims under the Americans with Disabilities Act.
In other developments:
- The Atlantic argued that a sharing economy where workers are all independent contractors will mean few will enjoy legal protections.
- The California Supreme Court agreed to review a case in which a construction company is suing a competitor whose bid contained prevailing wage violationsthat allowed it to secure the contract.
- InsideCounsel warned employment liability practices insurance (EPLI) carriers about the risks of Fair Credit Reporting Act claims.
- FedEx will pay $228 million to settle litigation claiming that the company misclassified 2,300 workers as independent contractors rather than employees.