Articles Posted in Human Resources Policies

The U.S. Equal Employment Opportunity Commission is obsessed with wellness programs.

Or, as the EEOC likes to describe them “‘so-called’ wellness programs.” And not in a “yay, so-called wellness programs are super” kinda way.

No, in recent months, the EEOC has initiated litigation against companies (example, example, example) claiming that they violate the Americans with Disabilities Act and the Genetic Information Non-Disclosure Act by both requiring medical examination and penalizing employees who decline to participate.

Sorry for the late past today, gang. I had planned on putting something together last night, but, two words: sushi coma.

So, here for your enjoyment, whether you’re attending the 2014 SHRM Annual Conference and Expo this year, like I am, or whether you’ve been following along online, is a collection of recent blog posts tracking the event:

ICYMI, yesterday, the United States District Court for the Middle District of Pennsylvania ruled in this opinion that PA’s same-sex marriage ban is unconstitutional.

How fitting that the first gay couple in Philadelphia to obtain a marriage license was Kerry Smith and Rue Landau, who serves as the Executive Director of the Philadelphia Commission on Human Relations (PCHR). Congratulations, Rue and Kerry!

So, now that, for the time being, gay marriage is legal in the Keystone State, how does this impact local employers? Find out after the jump…

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In Friday’s edition of The Atlantic, Emily Matcher’s “Should Paid ‘Menstrual Leave’ Be a Thing?” was shared over 12,000 times.

The article notes that several Asian countries including Taiwan, Japan, South Korea, and Indonesia, offer “menstrual leave” for women endure painful periods. However, Ms. Matcher mentioned that, while many of these laws are “well-intentioned,” many women decline to take leave given the potential embarrassment of having to substantiate the basis for their “menstrual leave” or because they may be viewed as weak.

Katy Waldman, writing at The Slate Blog, says “Thanks, but We Will Pass on Paid Menstrual Leave.” She argues that companies with reasonable sick-leave policies “should be able to accommodate these women without prying into their pants.”

Well, sure, you can.

But winning that case — especially if you’re thinking about a claim under the Computer Fraud and Abuse Act — may be another story.

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The CFAA is designed to prevent unauthorized access or malicious interference with a computer system. Often used as an employer-sword, to state a claim for a violation of the CFAA, a company must prove that an employee actually caused damage to its computer system or data. The CFAA defines “damage” as “any impairment to the integrity or availability of data, a program, a system, or information.”

The third week of April ushers in several holidays: Passover, Good Friday, Easter.

But no matter what your religion or god — even a sacrilicious ceiling waffle — we can all agree that the Employment Law Blog Carnival, which you can find this month at Tim Eavenson’s blog: Current Employment, is the workplace glory. 

This month, Tim has more posts about HR-compliance than you can count on your ten fingers. So raise your hands up to the sky and shout Hosanna! The power of the #ELBC compels you! 

“Doing What’s Right – Not Just What’s Legal”
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