Disparate treatment discrimination in the workplace is a critical issue that affects many employees and employers across various industries. This discrimination occurs when an individual is treated differently based on certain protected characteristics, such as race, gender, sexual orientation, age, religion, national origin, or disability. Unlike disparate impact discrimination, which deals with policies that apply …
The EEOC mediation process has helped settle many employment discrimination claims. The EEOC is responsible for investigating and enforcing federal employment discrimination laws, and these investigations or dispute resolutions are called claims. During this investigation process, the parties can agree to participate in mediation to help resolve the claim quickly. The term “mediation” refers to a …
The Federal Mediation and Conciliation Service (FMCS) is the nation’s largest independent public agency for alternative dispute resolution (ADR) and conflict management, providing mediation and conflict resolution services in the private, public, and federal sectors.
AAA Employment arbitration rules and mediation have been a hot topic for decades regarding the enforceability and fairness of the pre-dispute arbitration clauses in the employment context. The issue is of huge practical importance because, depending on which study one believes, between twenty and forty percent of American workers are covered by such “mandatory” clauses. …
The Federal Arbitration Act is the foundational law relating to enforcing arbitration agreements within the United States. Those practicing domestic or international commercial arbitration will likely be very familiar with its requirements for enforcement, yet many challenges arise under the Federal Arbitration Act, both in understanding and legal challenges. For some, the text is difficult …
Mass layoffs are regulated by state and federal governments, in California, this is known as the California WARN Act, and the federal equivalent is known as the Federal WARN Act. In recent years, companies worldwide have been participating in mass layoffs and furloughing many employees. Because a mass layoff is always a possibility for workers, …
Maternity leave in California is designed to ensure that expecting employees are protected. California, through a combination of laws, has created a way to give its citizens a path to enjoy time with a growing family without the stress of needing to work to make ends meet. Starting or expanding a family comes with many new …
Labor arbitration is a critical aspect of labor relations, as it plays a pivotal role in maintaining harmony within the workplace. This dispute-resolution method offers an alternative to litigation and strikes by providing a platform where labor disputes between employers and employees can be resolved amicably. This comprehensive guide aims to shed light on labor …
Examples of arbitration in the workplace function similarly to arbitrations in most other contexts. Arbitration has become a popular option for businesses to resolve workplace disputes. This has contributed to a growing number of mandatory arbitration agreements finding their way into employment contracts and a larger portion of employment law claims being sent to arbitration …
Of all the departments that will need to deal with conflict effectively in a workplace, the human resources department is the most likely. Outside of the hiring process, most employees will only interact with human resources during times of conflict, which often makes human resource departments the least favorite team to interact with for an …