Spate Of New Workplace Laws Adopted
Risk managers and human resources professionals often point to legal compliance as one of their key challenges the chief of which is keeping up with legislative changes to workplace laws at the state level.
This can be especially daunting for risk managers and HR professionals responsible for facilities and workers in multiple states.
During the most recent 2003 legislative term, state legislatures were active in changing existing legislation and enacting new laws which impose obligations on employers. Eight states adopted new laws and amendments to anti-discrimination and harassment laws, while six states passed new laws or amended existing statutes on workplace rights.
California and Illinois passed the most significant new employment laws in 2003.
In Illinois, the legislature enacted a Whistleblower Act which protects employees in the private sector from being retaliated against for providing information to a governmental or law enforcement agency regarding the violation of a state or federal law.
The state also adopted an Equal Pay Act with somewhat more stringent requirements than the similar federal statute. It adopted amendments to existing law which prohibit employers from asking job applicants about sealed or expunged conviction or arrest records, andamendments to the Illinois Human Rights Act which prohibit employers from imposing a restriction that, in effect, bans an employee from speaking a foreign language even though the communication does not relate to job duties.
California also enacted a host of new employment and labor bills, most of which are pro-employee. These laws include expansion of existing protections against sexual harassment and discrimination; a new leave law for victims of violent crimes who need leave to attend judicial proceedings; protections from discrimination due to gender identity; and expansion of employer liability for sexual harassment of employees by non-employees such as customers, clients or vendors.
Also included are a broadening of the whistleblower protections within the state Labor Code and the Labor Code Private Attorneys General Act of 2004, authorizing employees to sue employers and individual members of management over labor law violations on behalf of themselves or collectively for their co-workers.
Gerald L. Maatman is a partner with Seyfarth Shaw in Chicago.
Reproduced from National Underwriter Edition, April 16, 2004. Copyright 2004 by The National Underwriter Company in the serial publication. All rights reserved.Copyright in this article as an independent work may be held by the author.
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