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March 2020

DISCRIMINATION AND UNION DISPUTES AT SOUTHERN POVERTY LAW CENTER

DISCRIMINATION AND UNION DISPUTES AT SOUTHERN POVERTY LAW CENTER

| March 2020
One of the stalwarts of the liberal image for protection of workers is the Southern Poverty Law Center (SPLC), the Alabama-based civil rights legal advocacy group.  However, recently its long-standing president was dismissed and there were rumors of discrimination issues.  More recently, in late 2019, an affiliate local union of the Communicatio...
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FIRING WORKER FOR "BAD ATTITUDE" IS QUESTIONABLE

FIRING WORKER FOR "BAD ATTITUDE" IS QUESTIONABLE

| March 2020
Firing a worker for a "bad attitude" is not necessarily illegal, but strategically it is not a strong legal reason for a termination.  An example is a recent case in which a transgender employee claimed she was discharged for retaliation for her continued complaints to management about discrimination, that included being called the wrong name or pron...
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REVIEW OF CASES UNDER THE GENETIC BIAS LAW

| March 2020
The Genetic Information Non-Discrimination Act (GINA) has been around since 2008, and is one of the many federal anti-discrimination laws.  It is most notable in that more than 10 years the law has been in effect, there has not been a single successful lawsuit alleging discrimination by an employer using genetic information.  Only 12 GINA cases ...
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UNION MEMBERSHIP FALLS AGAIN, TO RECORD LOW

| March 2020
The share of American workers in labor unions fell to a record low last year, according to a January 22, 2020 announcement from the U.S. Department of Labor.  The number of union members fell by 170,000 in 2019, reducing the share of the workforce in labor unions to 10.3%, the lowest portion on record since the data has been kept in the present forma...
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WHY THE JOINT EMPLOYER ISSUE MATTERS

| March 2020
The various labor and employment agencies of the federal government, including the NLRB, the EEOC, and the U.S. Department of Labor, have all proposed regulations or other guidance limiting the use of the "joint employment" concept.  Currently, there is a hodgepodge of various standards on who is a joint employer, but the one commonality is that the ...
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THE PRO ACT PRO-UNION BILL PASSES IN THE HOUSE OF REPRESENTATIVES

| March 2020
The Protecting the Right to Organize Act (H.R. 2474) on February 6, 2020 passed the U.S. House of Representatives by a vote of 224-194.  Five Republicans voted for the bill and seven Democrats opposed it.  It has been called the most pro-union legislation since the Wagner Act was passed in 1935.   It is so pro-union, that many business...
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EEO-1 REPORTS RACE AND GENDER PAY DATA COLLECTION OVER

| March 2020
The efforts of the Equal Employment Opportunity Commission (EEOC) to collect information on race and gender pay data are finally over.  The Trump Administration had blocked the collection of the race and gender pay data in 2017, but a federal district court judge in the District of Columbia ordered the Obama-era pay reporting requirement to continue....
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