1. Update: OSHA Final Rule on Tracking Workplace Injuries and Illnesses

Back in 2017 OSHA created a final rule that required certain employers to record injury and illness information from their OSHA Form 300, 300A and 301 into an electronic database that will then be posted to the OSHA website.  However since becoming effective OSHA has changed the required data that needs to be entered.  OSHA Form 300A is currently the only form that can be submitted electronically.  OSHA has issued a notice of proposed rulemaking to reconsider, revise or remove certain provisions of the “Improve Tracking of Workplace Injuries and Illnesses” final rule including the collection of Forms 300 and 301.  Also, as a reminder certain employers with 20-249 employees in certain high-risk industries must submit their 2017 Form 300A by July 1, 2018.  To see if your industry is considered high-risk click here.


  1. Sexual Orientation and Gender Identity Discrimination

Over the last few months there have been many court rulings over sexual orientation and gender identification discrimination and whether the topic is covered by The Civil Rights Act.  While sexual orientation and gender identification are not present in the text of Title VII, the U.S. Equal Employment Opportunity Commission (EEOC) and Supreme Court have ruled that both sexual orientation and gender identification discrimination are interpreted as sexual discrimination.  Here are a few examples of unlawful sex discrimination according to the EEOC: failing to hire someone due to being transgender; denying an employee a promotion because they are gay or straight; denying an employee equal access to a common restroom corresponding to the employee’s gender identity and harassing an employee because of their sexual orientation or gender identity.


  1. Congress Is Asked To Prohibit Arbitration In Sexual Harassment Claims


On February 12, 2018 all Attorneys General from the United States sent a letter to Congress asking for sexual harassment claims to be taken out of workplace arbitration agreements.  The letter discusses the need to protect victims and allow them to have their day in court.  According to the letter, “Additional concerns arise from the secrecy requirements of arbitration clauses, which disserve the public interest by keeping both the harassment complaints and settlements confidential.”  Recently, Microsoft Corporation removed sexual harassment claims from their arbitration agreements according to the letter.


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