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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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02 Sep Man Bites Dog: Court Vacates Arbitration Award Against Sexual Harasser

It is the rare occasion when a court throws out an arbitration award. Typically the court’s ability to do so is quite limited by statute and/or the collective bargaining agreement under which the arbitration award. But a New York appellate court recently vacated an arbitrator’s award that put a bus driver (and union official) back to work even though he did not even show up to a hearing to contest sexual harassment charges against him. Recognizing its limited ability to vacate an arbitration award, the court…

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01 Sep Employer Changes Mind, Denies Accommodation to Deaf Applicant, Heads to Jury

A federal appellate court ruled that an employer that rescinded an offer of employment to a deaf applicant for a position monitoring plasma donors does not get summary judgment on the applicant’s Americans with Disabilities Act (ADA) failure to accommodate claim, and the case should proceed to a jury.  The court found the applicant presented two potential accommodations that would overcome her inability to hear audible alarms from donors the reasonableness of which must be determined by a jury – (1) installing visual or vibrating…

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27 Aug The Witness Files: 10 People We Keep Seeing in Workplace Investigations (cont.)

I have written here and here on BT Currents about the fact that it seems there are a handful of types of characters – among the complainants, the accuseds and the innocent bystanders alike – who seem to present themselves over and over again in workplace investigations, and a series I have written on i-sight.com about these characters and key strategies for dealing with each of them. The 10 characters I have identified are the following:   Complainants – Poor performer – Questionable complainant –…

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27 Jul Employee Can’t Count to 15 Under ADA Using Volunteers or Other Companies’ Employees

  One of the most significant ongoing type of employment issues is the treatment as employees of individuals the employer thought were not — interns are found to be entitled to back wages, nominal independent contractor status is repeatedly challenged in court and temporary agency workers are at risk of being treated as the customer’s employees as well.  Workers found to be employees are entitled to the protections of the various employment laws.   A secondary but sometimes equally important implication of employee status is…

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15 Jul ADA Decision Shows Need to Work with Employee Who Doesn’t Fit the … Mold

A recent federal district court decision shows the importance for employers to work through asserted employee health issues and document that they have done so.  The case involves Resa O’Reilly, who was hired for a government job.  Almost immediately after she began work, she began experiencing a number of physical symptoms – headaches, sinus pressure, eye pain and numbness.  She experienced the symptoms only when she was at work.  She was away from work for training for a few weeks without problem.  As soon as…

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