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What We're Watching | Week of August 29, 2022


What We're Watching, a weekly summary from the team at Boss Consulting HR, to highlight the ever-moving parts that is Human Resources.

 

Federal Updates

Strippers Petition to Unionize with Support from an Actors Union


In a first this week, 30 strippers from a Los Angeles Topless Bar petitioned the National Labor Relations Board to unionize under Actors’ Equity. They filed with support from the Actors’ Equity union. The union represents live theater performers and joins in their fight for basic worker protections.


If successful, this would mark the first time in the U.S. that strippers are covered under a union, and could set precedent for strippers in other states.


For the full article, read more here.


Lack of Federal Protections for Pregnant Workers Under the Microscope


A spotlight is being cast upon federal protections for pregnant employees this week. A case involving Walmart shone a light on the legality of excluding pregnant employees from light duty policies.


This is causing national concern as The Pregnant Worker Fairness Act sits unpassed in the Senate. The bill would demand employers make reasonable accommodations for pregnant workers. Protections that are similar to those in the Americans with Disabilities act.


At the present moment, pregnant workers remain subject to a glaring gap in the law. While individual state laws can provide accommodations for pregnancy, only about half of the states provide any type of protection. About half do not.


This fact causes a lot of confusion over what accommodations are required of you as an employer (whether by state or federal law). To read more about this prevalent issue, click here.


Gender Dysphoria Ruling Paves Way for Gender-Affirming Care Progress


In a potential win for gender-affirming care, a federal court ruled “last week that gender dysphoria is covered under the Americans with Disabilities Act.”


The act provides protections for emotional suffering experienced by transgender people. The first of its kind, many are seeing this ruling as a step forward. One that could serve to block efforts to regulate access to gender-affirming care. And become a valuable tool to challenge any legislation that stands against access to this care.


With precedence now set, we encourage you to review your own workplace disability policies. For more information on this ruling, read more here.


Do you have objections after EEO request? OFCCP is calling on you federal contractors.


Federal contractors are facing a “Freedom of Information Act (FOIA) request. … For disclosure of Type 2 Consolidated EEO-1 report data.”


The question is, is this info protected from disclosure? The FOIA Exemption 4 (which protects confidential commercial info) may make it so. But determining whether or not federal contractors are protected from this request, comes down to individual action.


The Office of Federal Contract Compliance Programs (OFCCP) is asking federal contractors who object to this request to submit objections by September 19th. The OFCCP issued a set of questions to be submitted by federal contractors who wish to object. A great article in Crowell outlines each of the five questions here. It also provides a direct link to the portal and email where submissions can be sent.


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