| When it comes to employment law, employers have to be on their toes and vigilant of what new laws or court rulings may mean for their companies. A couple of current or recent developments are among issues businesses should be aware of.
Last year, the U.S. Supreme Court ruled in a case that an employer can be held liable for age discrimination based on an employment policy that has a disproportionate effect on older workers. What that means is that an employer can be held liable for unintentional age discrimination if the company has a policy adversely affecting workers 40 or older — such as policies related to pay, benefits or retirement plans.
“(It’s) unclear whether (the case) is going to lead to many more age discrimination claims but I would tell my clients to be cautious,” said Ed Wolfe, a principal with Bremerton-based Wolfe Law Offices PLLC, and one the area’s preeminent authorities on employment law. “Employers should review very carefully their existing policies and hiring criteria, benefit plans” and other documents.
An important topic this year is also the state Legislature’s discussion of a gay civil-rights bill that would add the words “sexual orientation” to the state law that bans discrimination in employment, insurance and housing based on race, marital status, religion, gender and other factors.
Supporters believe the measure, which has been introduced in the Legislature for many years and was defeated by one vote in the Senate last year, has a better chance of passing this session. Sen. Bill Finkbeiner (R-Kirkland), announced in January he would change his vote to yes, which may provide the bill the momentum it needs to pass.
“It’s something employers should watch carefully to see what will occur,” Wolfe said. “It’s a factor I’d bring to the attention of my business clients. I think they’d have to be careful (if the law passes) about restricting any employees’ rights relative to their orientation. | 