Recently, the Equal Employment Opportunity Commission (EEOC) published a press release updating its enforcement guidance on national origin discrimination to replace its version from 2002. As defined by the EEOC, “national origin discrimination means discrimination because an individual (or his or her ancestors) is from a certain place or shares the physical, cultural, or language characteristics of a national origin (ethnic) group”. The enforcement guidance addresses important legal issues that employers must consider in assuring that its employment policies do not impermissibly discriminate against applicants/employees on the basis of national origin. For example, the EEOC with regard to language issues such as “English only” policies advises that it is illegal to make an employment decision based on accent, “unless the ability to communicate in spoken English is required to perform job duties effectively and the individual’s accent materially interferes with that job performance”. To learn more about what this enforcement guidance includes, listen to this week’s Telebrief here.
Also in this week’s Labor and Employment Telebrief: the national injunction against the enforcement of the Department of Labor’s previously announced changes to the white collar exemptions rule and the preliminary injunction issued against the DOL’s Persuader Rule.
ABOUT THE TELEBRIEFS®
Geared to executives with employee relations responsibilities (HR directors, supervisors, managers, business owners), Labor and Employment Telebriefs® are information-packed 30-minute briefings via the telephone. Telebriefs® provide information and insights to help executives stay current with latest workplace law developments and in front of trends so as to enable proactive policy making and management. On the 2nd and 4th Wednesday of each month, from 9 – 9:30 am ET, join Offit Kurman Labor & Employment Chair Howard Kurman, as he discusses developments occurring over the past two weeks that will most significantly impact employers nationwide. The focus is squarely on the practical. Why is this event significant for employers? What are the lessons to be learned or actions taken? These twice-monthly teleconferences are an easy way to stay current and compliant with the latest Labor and Employment law developments that will significantly affect you and your company. Our guarantee: You will learn something useful, on every call! If you have any questions regarding labor and employment issues, please contact
Howard Kurman: hkurman@offitkurman.com | 410.209.6417
ABOUT HOWARD KURMAN
Howard K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.
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