… that foreign-born workers in the U.S. amount to 16.5 % of the total workforce? This is according to DOL statistics issued on May 21, 2015. The percentage increased from 16.3% in 2013. When the Department of Labor first began collecting this data in 1996, only 10.8% of the U.S. workforce was foreign-born. The participation of foreign born workers increased by 1.6% last year, compared to 0.1 % of native-born workers. The unemployment rate for foreign-born workers last year dropped by 1.3% to 5.6%, compared to native-born workers, for whom the unemployment rate dropped 1.2% to a total of 6.3%. Forty-eight percent of the foreign-born workers are Hispanic and 24.1% are Asians.
… that an employer is not required to accommodate an employee’s absences to care for a disabled family member? Golfin v. Alorica, Inc. (M.D. Fla. April 23, 2015). An employee’s daughter had a disability as defined under the ADA. The employee requested scheduling accommodations in order to care for her daughter, which the employer determined it was unable to provide. Ultimately, the employee quit and claimed that she was constructively discharged. The employee alleged that the employer’s lack of accommodation violated the ADA. In granting the employer’s motion to dismiss, the Court stated that “requesting a reasonable accommodation for her daughter’s disability” does not necessarily amount to disability discrimination under the ADA, as the ADA does not require reasonable accommodation to care for a family member. The employee argued that the employer’s denial of her request was “associational discrimination” under the ADA—an employer may not discriminate against an individual because of an associational relationship with someone with a disability. The associational prohibition on discrimination, however, does not require an employer to reasonably accommodate the disability of the non-employee.
… that 60% of employees have updated their résumés during the past three months? According to a survey released on April 28, 2015, by Monster and Survey Sampling International, 43% of current employees are likely to consider another job opportunity. Also, the survey revealed that 60 % of those surveyed (a total of 1,004 full-time employees) have updated their résumés during the past three months. Furthermore, 79% of those surveyed between ages 25 and 44 have worked at their current job for less than six years.
… that the U.S. Supreme Court will consider when the clock should begin to run for filing a constructive discharge claim under Title VII? Green v. Donahoe (April 27, 2015). The case arose after the United States Postal Service gave employee Marvin Green a choice to retire or accept a substantial pay reduction at a job that was 300 miles away from his current job location. Months later Green quit and claimed that he was constructively terminated, but, according to the trial court, the time for filing a charge began to run from when Green was given the choice to retire or work for less money at the location 300 miles away, not from the time that Green actually resigned. Therefore, Green failed to file his discrimination charge within the statutory period of time required and his case was dismissed. There is a conflict among the U.S. Circuit Courts whether the time for filing a charge begins to run from the date of the constructive discharge or the date the individual becomes aware of the events which led to the constructive discharge. The decision in this case may resolve this conflict
… that an individual may not insist on a reasonable accommodation of his or her choice? Noll v. International Business Machines Corporation (2nd Cir. May 21, 2015). Noll is deaf and was accommodated by IBM in several ways, including providing translators for live meetings and videos. Noll argued that instead of providing a video interpreter, all videos should be captioned. In rejecting Noll’s ADA claim, the Court stated that the ADA does not require the employer to provide an alternative accommodation preferred by the employee when the accommodation offered by the employer is “plainly reasonable.” An interactive process is not required when the employer has offered a reasonable accommodation— the point of offering a reasonable accommodation is to determine whether the employee’s disability could have been accommodated.”
… that the DOL finally got around to updating its FMLA forms to include language resembling a Genetic Information Nondiscrimination Act (GINA) disclaimer? Employers are not required to use the DOL’s form (thank goodness, as it has been non-compliant with GINA for years). LMVT has provided our clients with sample forms or cover sheets for the DOL’s forms with the appropriate GINA disclaimer for years. Those using the DOL’s forms will want to update by downloading the forms here.