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BT Currents - Hot Topics in Employment Law
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24 Nov Decision Bears A Close Look on Application of Quid Pro Quo Harassment LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

Many readers will have a general sense that there is a difference between quid pro quo and hostile work environment (HWE) harassment.  HWE is (fortunately, I suppose, in some relative sense) the more common form of harassment, and an employer can often avoid liability if it has taken sufficient steps to manage harassment in the workplace.  Quid pro quo comes up less frequently, and is the conditioning of employment benefits such as a promotion, raise, or even continued employee on the submission to a managerial…

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17 Nov 3 Key P’s for Minimizing Liability for Employee Health Issues LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

We often remind employers here about the importance of not rushing into adverse employment actions against employees with health issues. For example, see “Play It Safe” I, II and III from earlier this year.  In my opinion, employers who play the game right can get one of the following good results a high percentage of the time:   Employ a dedicated employee in a way that maximizes her abilities and benefits the company. Work an employee who really doesn’t want to maximize her abilities out of…

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10 Nov Five Distinctive Things About Ohio and Employment Law LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

As an employer lawyer in Columbus, I have to make this week’s letter O be for Ohio. Here are five distinctive things that help define Ohio employment law: Ohio is a very pro-enforcement noncompete state. Two key variations in state laws largely shape the enforceability of noncompetes in a state. One, will courts modify an overly broad noncompete to “make it enforceable?” Two, is continuing employment sufficient consideration to support a noncompete (as opposed to some additional consideration being required)? Ohio has given an unambiguous…

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03 Nov Nassar A Year Later: Pennsylvania ADA Retaliation Case Considers Impact of Supreme Court’s Decision LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

Readers will recall a flurry of U.S. Supreme Court decisions as the Court’s term ended in mid-2013. One of these decisions was University of Texas Southwestern Medical Center v. Nassar – this week’s letter of the law is N for Nassar. In Nassar, the Court held that Title VII retaliation claims should be decided under a “but for” rather than “motivating factor” causation test.  This is one of those decisions where almost anybody but an employment lawyer thinks, “That’s nice – what’s that mean?”  Generally…

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31 Oct EEOC Part of Increasing Focus on LGBT Issues

We seem clearly to be in the midst of a shift towards greater employment protections for LGBT employees, evidenced both by discrimination legislation largely at a state and local level and less directly in the legal environment by developments such as greater acceptance of gay marriage including the Supreme Court’s recent refusal to consider lower court decisions invalidating state statutes prohibiting gay marriage.   EEOC Commissioner Chai Feldblum recently released this interesting summary of the EEOC’s activities and positions on LGBT issues. Highlights include:   Title…

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