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BT Currents - Hot Topics in Employment Law

03 Feb Lessons Learned: FMLA-Protected Employees can be Disciplined in the Event of Misconduct

  Absent a contractual obligation to the contrary, common sense dictates that if an employee lies about the reason for an absence, an employer can terminate the employee for the lie. But, what if an employer (perhaps mistakenly) believes the reason for the absence was a lie, when in fact the reason for the absence (allegedly) is for an FMLA-protected reason? According to the U.S. Court of Appeals for the Third Circuit in Frederick Capps v. Mondelez Global LLC, that’s ok, too, so long as…

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19 Aug More Flu Vaccine News: EEOC Once Again Alleges Hospital’s Mandatory Flu Vaccine Policy Violates Title VII

  For years, the Equal Employment Opportunity Commission (EEOC) has been silent over whether a hospital’s mandatory flu vaccine program violates Title VII’s prohibition against religious discrimination. The courts also generally have been silent (or have not reached decision) on the issue, with the notable exception of Robinson v. Children’s Hospital Boston, issued by the U.S. District Court for the District of Massachusetts earlier this year, which found that the hospital’s mandatory flu vaccine program did not violate Title VII, which was reported here.  …

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11 Jul More Flu Vaccine News – EEOC Alleges Hospital’s Mandatory Flu Vaccine Policy Violates Title VII

  As summer temperatures soar, one might think the last thing to worry about is the upcoming flu season. And while that may be true in most respects, the flu is on the minds of the Equal Employment Opportunity Commission (EEOC). A lawsuit filed by the EEOC sheds light on the issue for healthcare employers who impose mandatory flu vaccine requirements on employees as a condition of continued employment.   The EEOC alleges in EEOC v. Mission Hospital, Inc. – a lawsuit that includes class…

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18 Apr Court Says Mandatory Flu Vaccine for Hospital Worker Does Not Violate Title VII

A federal court in Massachusetts recently issued an opinion that provides much needed guidance to hospitals and other healthcare institutions on whether it is permissible – under Title VII – to require mandatory influenza vaccinations for healthcare workers who object to receiving the vaccination on religious grounds.   The case started in 2011, when Children’s Hospital Boston announced that all persons who worked in or accessed patient care areas would be required to be vaccinated against the influenza virus. The requirement applied to employees, volunteers,…

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02 Nov Lessons Learned: Watch What You Say: It can and will be used against you

As employment litigators, we frequently remind our clients that extreme caution must be exercised with email communications. A recent decision by the Seventh Circuit, Arroyo v. Volvo Group North America, LLC, found here, serves as a powerful reminder.   Luz Maria Arroyo was an Army reservist who, between 2005 and 2011, deployed twice to Iraq and Kuwait for periods in excess of one year each and also regularly attended weekend drills, as well as annual and other military training. Although her supervisor and others expressed…

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