Joel Kaplan Quoted in Human Resource Executive
“Warnings From the Top”

Joel Kaplan was quoted in the May 16, 2009 issue of Human Resource Executive in the article, “Warnings From the Top.” The article discussed the changing labor laws under the Obama administration and the potential for more claims to be filed against employers. Joel commented, “The arbitration provision of the Employee Free Choice Act is more odious a prospect for management to face than card-check. As an economic matter and as a labor-relations matter, I see the arbitration provision as much more pernicious and in the long run, much more hurtful to employers and ultimately destructive to labor relations.”

In addition to EFCA, Joel also cautioned employers about the implications of the Lily Ledbetter Act and the ADA Amendments Act (ADAAA). With regard to the Lily Ledbetter Act, Joel suggested, “Every employer should have a strict document retention policy, so there’s always a paper trail to explain difference in salaries.” He also recommended that employers get up to speed on the specifics of the ADAAA and recognize where they may be vulnerable for a claim of discrimination from job descriptions to workplace requirements. He concluded “The problem with the ADAAA now is going to be less on the accountability end than on the reasonable –accommodation end.”