The RISQ RECAP:

August 20th – August 25th, 2023

Rail Whistleblowers Fired for Voicing Safety Concerns

“Hours before a Norfolk Southern train derailed in Ohio and erupted in fire in February, a judge ruled a former railroad employee could proceed with a lawsuit claiming he had been harassed for years by managers who said he reported too many flaws in rail cars he inspected and had his job changed after reporting an injury. Richard Singleton’s case against Norfolk Southern was settled for an undisclosed amount after the judge said he had enough evidence to go to trial over whether he was disciplined for reporting safety violations that slowed trains passing through a Macon, Georgia, railyard.”  Full Article

– Insurance Journal

Severe Weather Set to Boost US Disaster Funding Needs, FEMA Says

“Growing extreme-weather risks mean President Joe Biden’s expected request for billions in extra disaster-relief funding might not be enough for the next fiscal year, FEMA head Deanne Criswell said. Biden’s roughly $12 billion request would cover the spending year ending Sept. 30, the Federal Emergency Management Agency administrator said on CBS’s Face the Nation on Sunday. “As we’re continuing to see the increase in these severe weather events, that dollar amount may need to go up as we go into next fiscal year,” Criswell said. A wildfire in early August that destroyed the Hawaiian town of Lahaina and killed more than 100 people has focused attention on the rising cost of natural disasters.”  Full Article

– Insurance Journal

Zooming in on the I-9: Five Things Employers Need to Know About Remote Immigration Verification

“The new rule became effective August 1, 2023, and allows eligible employers to utilize an alternative process for I-9 verification. The alternative process allows continued remote inspection of Form I-9 documents by a live video call interaction.”  Full Article

– Akerman LLP

‘Quiet Quitting,’ is Getting Louder — 7 Ways Employers Can Bolster Employee Engagement and Address the Risks of ‘Loud Quitting’

“Employers have been concerned about ‘quiet quitting’ for some time now, looking for ways to foster employee engagement and productivity. And new data shows the importance of doing so because ‘quiet quitting’ has turned into ‘loud quitting.’”  Full Article

– Levenfeld Pearlstein, LLC

EEOC Inks First-Ever AI-Based Antidiscrimination Settlement

“On August 9, the U.S. Equal Employment Opportunity Commission (‘EEOC’) and iTutorGroup, Inc. filed a joint notice of settlement and consent decree announcing the settlement of a discrimination in hiring lawsuit. This settlement marks the first instance in which the EEOC settled a lawsuit alleging unlawful discrimination stemming from the use of Artificial Intelligence (‘AI’) in recruiting software.”  Full Article

– Proskauer Rose LLP

Building a Proactive Mental Health Strategy in the Workplace

“What are best practices businesses and HR professionals can use to foster and maintain the mental wellbeing of employees? The answer to this question may be evolving. The rise in post- pandemic employees experiencing some type of mental health issue has prompted companies to audit the efficacy of their current employer-sponsored resources and assess alternative strategies to improve employee wellbeing.”  Full Article

– Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Escaping the Office: Remote and Hybrid Harassment

“As employers continue to embrace work-from- home options for employees, a slew of new concerns and potential liabilities continue to arise. One particularly persistent issue is that as the workplace has been expanded into each employee’s home, so has the potential for harassment. In fact, even though many employees no longer see and interact with colleagues in person on a daily basis, recent studies have found that instances of workplace harassment have increased over recent years.”  Full Article

– Venable LLP

Eleventh Circuit Holds Adverse Employment Action is Required in ADA Failure-to-Accommodate Claims

“The U.S. Court of Appeals for the Eleventh Circuit, in Beasley v. O’Reilly Auto Parts, recently held that a claim for failure-to-accommodate under the Americans with Disability Act (ADA) must include an adverse employment action. That is, ‘discrimination in the form of a failure to reasonably accommodate is actionable under the ADA only if that failure negatively impacts the employee’s hiring, advancement, discharge, compensation, training, and other terms, conditions, and privileges of his employment.’”  Full Article

– Littler Mendelson P.C.