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BT Currents - Hot Topics in Employment Law

21 Sep Loose Lips Sink Ships

  Late last week, a political firestorm brewed over the hacking of various email accounts belonging to politicians and national security officials. It was reported that the hack revealed that Colin Powell, the almost universally well-liked and well-regarded retired general, former chairman of the Joint Chiefs and Secretary of State, had some less than kind things to say about the current crop of presidential candidates. Powell’s emails, for example, reportedly used provocative words like “national disgrace” in one instance and “greedy” and “unbridled ambition” in…

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29 Aug Seventh Circuit Discards Well-Worn Standard for Discrimination Cases Does this Herald the End of the Golden Age of Summary Judgment for Employers?

  Late last week, the often employer-friendly Seventh Circuit Court of Appeals tossed out the basis upon which discrimination claims have been analyzed for almost a generation. The decision, Ortiz v. Werner Enterprises (Case No. 15-2574), foreshadows dramatic and huge repercussions for employers in Indiana, Illinois and Wisconsin.   Background on Direct and Indirect Tests   For more than 20 years, courts in the Seventh Circuit have recognized two avenues of proving discrimination: the direct and indirect methods. Before last week, a plaintiff-employee in the…

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15 Jul 10th Circuit ADA Ruling Drives Home the Importance of Written Job Descriptions

  A cancer survivor’s Americans with Disabilities Act (ADA) lawsuit against a prospective employer was rejected this week by the U.S. Court of Appeals for the 10th Circuit in Kilcrease v. Domenico Transportation Co. The case involved a truck driver who, after successfully overcoming cancer, applied for work with a trucking company, Domenico Transportation. The job required applicants to (1) hold a Class A commercial driver’s license, (2) have three years of recent and verifiable mountain driving (the company is located in Colorado), (3) have…

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06 Jun Employers Need Not Tolerate Workers Screaming On the Electronic Street Corner Terminating Employees For Offensive Remarks On Social Media

Over the last few days, the news media have widely covered Bank of America’s decision to fire one of its employees for posting this on the employee’s personal Facebook page:   I hate Facebook for this reason you f***ing n****rs.  And yes, if [you] can call each that well I can too.  ‘F***ing n****r go back to Africa. Get over your pity party. You created this hatred and your own kind that brought your great-great-parents [sic] over here and sold them.  ‘Do something with your…

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03 Jun The Seventh Circuit Rejects Class & Collective Action Waivers In Arbitration Agreements

During the last few years, employers have taken comfort in a slew of court decisions that have held – in some form or another – that an arbitration agreement can waive the right to bring a class or collective action. For example, in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), the U.S. Supreme Court found that the Federal Arbitration Act (FAA) preempted state law – and specifically California law – which had expressly prohibited class action waivers. The Supreme Court recently cemented that ruling…

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