Reuters Legal published
a survey conducted by a prominent employment law firm, Littler Mendelson. Littler
surveyed 844 attorneys and HR professionals.
Here are the concerns expressed by these professionals:
“Nearly three-quarters of company
officials surveyed by labor and employment law firm say they expect to face
discrimination claims from LGBT workers over the next year, a huge leap from
one year ago.
Companies also are bracing for
crackdowns from federal agencies stemming from a new overtime pay rule and an
expanded definition of joint employment, the firm found in its fifth annual
survey of workplace issues released on Tuesday.
The EEOC's involvement with LGBT
issues, as well as its recent focus on employee background checks and
retaliation cases, is likely behind the surge in employers' concerns about
those types of claims, Littler partner Barry Hartstein in Chicago said in an
interview Tuesday.
About two-thirds of respondents
said they expected an increase in claims involving background checks, up from
57 percent in 2015, and 43 percent said the same about retaliation cases, a 10
percent increase.
"Whether or not they have
prevailed in the litigation, the (EEOC) has raised the profile on all of these
issues," Hartstein said.”
Littler also said 71 percent of
those surveyed expect claims stemming from the actions of subcontractors,
staffing agencies and franchisees after the National Labor Relations Board last
year revised its definition of joint employment.
The board in Browning-Ferris
Industries Inc said companies may be considered joint employers if they have
the potential to affect working conditions. Previously, the board required
proof of actual, direct control.” Photo Credit: Pinterest
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