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BT Currents - Hot Topics in Employment Law
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28 Nov 2017 Accommodate Pregnant Employees and Nursing Mothers, or Expect Consequences

  Employers must provide pregnant employees and nursing mothers with necessary workplace accommodations or face possible legal liability in court. That’s the lesson to be learned from a recent case that is one of the first to analyze and apply certain provisions in Illinois law.   In Spriesch v. City of Chicago, a judge in the U.S. District Court for the Northern District of Illinois recently ruled that a fire department paramedic could proceed with at least some of her claims against her employer alleging…

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13 Oct 2017 Attention Illinois Employers: 3 Handbook Policies to Revisit Now

  If you haven’t reviewed your attendance, sick leave, or pregnancy-related policies in a while, the time is right to ensure you stay up to date and prevent potential pitfalls.   Parental leave and pregnancy accommodation policies may need updates   Recent lawsuits, such as the one that the EEOC filed against Estee Lauder, claim companies’ parental leave policies violate sex discrimination laws if they provide male employees with less bonding leave upon the birth of a child than female employees receive. This serves as…

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29 Aug 2017 Illinois Governor Vetoes Employment Bills Aimed at Salary History Inquiries, Wage Issues

  Legislation in Illinois that would have outlawed employers from seeking job applicants’ compensation history has failed to become law, following Gov. Bruce Rauner’s recent veto.   The bill would have amended the Illinois Equal Pay Act and was aimed at the practice of seeking job applicants’ compensation history during the hiring process, which equal pay advocates contended has the effect of perpetuating the salary differences between male and female employees that may have been the result of past discriminatory practices. The proposed changes to…

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08 Jun 2017 The Age Discrimination in Employment Act Turns 50

  Put 50 candles on the cake. In 1967, the U.S. Congress passed the Age Discrimination in Employment Act (ADEA) with the stated purpose “to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; (and) to help employers and workers find ways of meeting problems arising from the impact of age on employment.”   Now 50 years later, as baby boomers are moving through the workforce and reaching retirement, the ADEA retains its relevance even…

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17 May 2017 Hiring Teenagers This Summer? Here are 3 Key Considerations

  School’s out for the summer. If you do business in recreation, restaurants, or retail, chances are you will be employing teen workers this season. So now is a good time to learn from a few real-world examples of legal issues involving teen workers.   The U.S. Equal Employment Opportunity Commission will not hesitate to come to the aid of young workers if it believes they have been subjected to sexual harassment. You can read the EEOC’s descriptions of several of its cases involving harassment…

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16 Mar 2017 Mugshots Gone Viral: Internet Clickbait is a Hiring Manager’s Minefield

  While “that hot mugshot guy” launched a modeling career – including a recent New York Fashion Week runway appearance – based on his improbably good-looking booking photo, most arrestees are not so lucky.   It seems the Internet-browsing public can’t resist clicking around for such photos — from celebrities to the average joe — and thus media sites routinely post such photos to attract page views. Mugshots are nearly unavoidable on the Internet and they remain posted long after any news value has faded away. There are even commercial…

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27 Dec 2016 EEOC and Hospital Settle Flu Vaccine Religious Accommodation Lawsuit

  Six hospital employees who refused influenza vaccines will be offered re-employment and will receive payments totaling $300,000 to resolve the U.S. Equal Employment Opportunity Commission’s (EEOC) religious accommodation lawsuit against their former employer.   The EEOC and Saint Vincent Health Center in Pennsylvania entered into a consent decree, filed Dec. 23, that includes the hospital’s agreement to terms requiring careful consideration of requests for accommodations based on sincerely held religious beliefs, practices and observances with respect to mandatory influenza vaccination programs. As part of…

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20 Dec 2016 EEOC Offers Compliance Tips for Small Businesses

  The EEOC has expanded its online resources aimed at small-business owners to assist with compliance with equal opportunity laws, highlighting its small business liaisons who can offer training and answer questions about the laws the EEOC enforces. But employers should keep in mind that the EEOC’s tips are not tailored to specific facts and circumstances.   The small business section of the EEOC’s website includes helpful information on basic equal employment opportunity issues, such as recordkeeping and notice posting, non-discrimination in hiring, and prevention…

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30 Sep 2016 Should Appeals Courts Give Deference to Lower Courts in EEOC in Subpoena Enforcement Actions? U.S. Supreme Court Agrees to Take on the Issue

  As the U.S. Supreme Court prepares to open its fall term, the Court has agreed to consider the appropriate standard for court review of U.S. Equal Employment Opportunity Commission (EEOC) subpoenas that the agency issues during its investigations of discrimination charges.   In EEOC v. McLane Co., Inc., the issue is whether the Ninth Circuit Court of Appeals should have given deference to a lower court’s decisions regarding enforcement of an EEOC investigatory subpoena or whether appellate courts should take a completely new look…

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29 Sep 2016 EEOC Continues Fight Against Mandatory Flu Vaccinations for Healthcare Workers

  Just as another flu season is upon us, the U.S. Equal Employment Opportunity Commission (EEOC) is ramping up its battle against mandatory healthcare workers influenza vaccination programs by filing at least its third lawsuit this year on the subject of accommodations for individuals who profess religious objections to being vaccinated.   In EEOC v. St. Vincent Health Center, the EEOC is alleging that a Pennsylvania healthcare organization failed to accommodate the religious beliefs of six healthcare workers who sought exemptions from mandatory flu shots…

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