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BT Currents - Hot Topics in Employment Law

12 Jun Recent Case Illustrates How Types of Associational Discrimination Claims Can Play Out in Litigation

The Americans with Disabilities Act (ADA) protects applicants and employees from discrimination based on their relationship or association with an individual who has a disabling condition. Generally speaking, there are three types of associational discrimination claims:   Expense discrimination: Employer fears that association with disabled person will be costly to the employer. Disability by association: A relationship with a disabled person means employee may also be disabled. Distraction: A relationship with a disabled person will prevent the employee from completing job responsibilities.   A recent…

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11 Jun Los Angeles Passes Minimum Wage Hike to $15 per Hour

  Yesterday, the Los Angeles City Council approved a minimum wage hike to $15 an hour, becoming the latest large city to increase pay.  In a 12-1 vote, the city council passed the second reading of a proposal that would make Los Angeles the largest city in the U.S. to adopt the higher minimum wage.  Los Angeles follows in the footsteps of such cities as San Francisco and Seattle. The hourly rate would more than double the current federal rate of $7.25 per hour.  …

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10 Jun Court Says Advice From Counsel is Affirmative Defense to Tortious Interference Claims in Minnesota

Earlier this year, the Minnesota Supreme Court recognized as an affirmative defense the reliance upon legal advice in defending against a claim of tortious interference with a contract. In Sysdyne Corp. v. Rousslang, et al., No. A13-0898 (Minn. Mar. 4, 2015), the former employer (Sysdyne) brought a claim against the hiring company (Xigent Solutions), alleging tortious interference after it hired its former employee (Brian Rousslang) who had a non-competition agreement with Sysdyne.  Sysdyne also brought claims against Rousslang, alleging violation of his non-competition agreement with…

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04 Jun In California, You Can’t Pick Your Supervisor

A California appellate court recently held that an employee diagnosed with an adjustment disorder triggered by stress caused by her supervisor’s standard oversight of her job performance is not disabled under the California Fair Employment and Housing Act (FEHA). Higgins-Williams v. Sutter Medical Foundation, 2015 Cal.App.LEXIS 455 (May 26, 2015). Coming as quite a surprise and coup to employers, the court rejected the current Californian trend of expanding protection of employees unable to work due to medical conditions.   Employed as a clinical assistant, plaintiff Michaelin…

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26 May This Should Go Without Saying: Replacing an Older Worker with Two Younger Workers is Not Consistent with a Reduction in Force Defense

A recent case from a Chicago federal court is a good reminder that just because you can make a particular argument in defense of a lawsuit doesn’t mean that you should. In Summers v. Electro-Motive Diesel, Inc., Case No 13C1312 (N.D. Ill. May 19, 2015), an employee who had worked for her employer for 40 years was fired, along with a number of other employees. The employee sued for age discrimination. As a reminder, employees must meet the high standard that “but for” their age,…

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