Recently, the federal government has highlighted the issue of religious discrimination and accommodation in the workplace. Given the diversity of most workplaces, especially retailers, employers should be particularly sensitive to the potential risks of religious discrimination and harassment claims, as well as its obligations to accommodate reasonable religious-based requests for workplace changes.
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In Danbury Hospital (Case 01-RC-153086), after an initial election victory for the employer, an NLRB Regional Director ordered a second election as a result of the employer’s non-compliance with the new ambush election rules. In doing so, the NLRB again demonstrates why employers should be vigilant and proactive in preparing for an election long before the arrival of a union petition.
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On October 19, 2015, the Judges Division of the NLRB updated its 2010 ALJ Bench Book by issuing a new 2015 edition. The Bench Book serves as a procedural and evidentiary reference for ALJs and litigants during and in preparation for NLRB trials. As such, the Bench Book, and the precedent and authorities within, are often cited to throughout the course of litigation at an NLRB trial.
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