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BT Currents - Hot Topics in Employment Law

30 May Another Review of the EEOC’s Subpoena for ‘Pedigree Information’

  In a prolonged battle over the issue of whether an employer must respond to the U.S. Equal Employment Opportunity Commission’s (EEOC) subpoena for “pedigree information” in connection with its investigation of a sex discrimination charge, the U.S. Court of Appeals for the Ninth Circuit ordered the District Court in Arizona to review the matter again.   In 2013, former employee Damiana Ocho filed a charge of discrimination against McLane Company, alleging that the company discriminated on the basis of sex when it fired her…

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25 May Need to Check an Employee’s Criminal Background? Tread Carefully

  Federal laws do not prohibit employers from asking about a job applicant’s criminal history. But equal employment opportunity (EEO) and federal laws prevent employers from discriminating against job applicants on the basis of this information. The Equal Employment Opportunity Commission (EEOC) has guidelines that establish the following rules:   Title VII of the Civil Rights Act prohibits employers from treating people with similar criminal records differently because of their race, national origin, color, sex or religion Title VII also prohibits employers from using policies…

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24 May Trump’s Proposed Paid Family Leave

  In his proposed budget for Fiscal Year 2018, President Donald Trump allocated $20 billion to establish a “Federal-state paid parental leave program” within the unemployment insurance program. The paid family leave program would provide six weeks of paid leave benefits for mothers, fathers and adoptive parents. The program would begin in 2020.   Exact details on how this program would be run, however, were not provided in the proposed budget. However, the budget plan explained that states would have “broad latitude” in designing and…

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28 Apr Can Employers Terminate an Employee Because of Vacation Photos Posted to Facebook?

  It is no secret that employers can and will make employment decisions based on employee social media postings—but will those employment decisions hold up in court? In a recent case, Jones v. Gulf Coast Health Care of Delaware, the Eleventh Circuit held that an employee could proceed on a claim for retaliation under the Family and Medical Leave Act (“FMLA”) following his termination for posting vacation photos to his Facebook.   Rodney Jones worked at Accentia Health and Rehabilitation Center of Tampa Bay. Mr….

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24 Apr California Supreme Court Throws Down the Gauntlet on Arbitration Waivers

  The California Supreme Court is no stranger to invalidating mandatory arbitration provisions. Recently, however, the court lay down yet another challenge to the U.S. Supreme Court’s AT&T Mobility LLC v. Concepcion case, holding that an arbitration agreement that waives the right to public injunctive relief is unenforceable under California law.   In the case, McGill v. Citibank, N.A., Sharon McGill alleged that Citbank engaged in illegal and deceptive practices in marketing a credit insurance plan she purchased. She filed a class action suit under…

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