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BT Currents - Hot Topics in Employment Law
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24 Apr 2018 Think You Missed The 2017 EEO-1 Survey Reporting Deadline? Think Again . . . . But Act Fast!

  Employers who feared they had missed the March 31, 2018 submission deadline for their 2017 EEO-1 report are in luck – the EEOC’s EEO-1 Survey website now reflects that it has granted employers a short extension to get those reports on file.  The new deadline of June 1, 2018, is just over a month away, however, so employers required to file should not delay in gathering the required information and getting the necessary report(s) on file.  Returning filers should also be aware that the…

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05 Apr 2018 Accommodate Much? Restrictive Seventh Circuit Leave Ruling Lives On

  Letter of the Law: A Revival!  No employment lawyer worth her salt would choose anything other than “Accommodation” for the Letter A.  And so it begins….   HR professionals know all too well that the ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities.   While accommodations often include overcoming physical obstacles such as inaccessible workplace areas and unwieldy equipment, they more commonly pertain to workplace rules. For example, employers are asked to change when or where work is performed, leave…

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30 Mar 2018 When Paying Less Can Cost You More: Pay Inequality

What do three New York City lawyers, the Queen of England, a preschool teacher, a service center manager and a township accountant all have in common?  Here’s a hint:  we are fast-approaching the April 4 date that symbolically marks how much longer full-time female workers need to work in order to equal the pay earned by their male counterparts the year before. The answer to the question of course, is that each of the “employees” listed above play starring roles in the midst of a…

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28 Mar 2018 Employment Posters and Policies – Is There A Duty To Translate?

When setting workplace expectations, proactive employers should recognize the varying levels of literacy and English fluency in today’s workforce, as well as the need for employment information to be accessible to individuals with disabilities. Plain English policies, which are clear to the average reader, are important.  But is there a duty to translate key employment documents or information?   Under federal law, there are at least three instances in which an employer may be required to provide notices in a language other than English:  …

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12 Mar 2018 Sixth Circuit Holds Transgender Status Protected Under Title VII

  On March 7, the U.S. Court of Appeals for the Sixth Circuit weighed in on the continuing debate surrounding the scope of Title VII’s prohibition on sex discrimination. In a landmark decision, the court ruled that Title VII prohibits discrimination on the basis of transgender and transitioning status and further held that bare compliance with Title VII presents no substantial burden upon an employer’s sincerely held religious beliefs, precluding a defense under the Religious Freedom Restoration Act (“RFRA”).   In EEOC v. R.G. &…

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26 Feb 2018 Beginning of a New Trend? Illustration of EEOC Stats Confirms Plummeting Number of Charges

  A few weeks ago, our team wrote about the latest charge filing statistics published by the EEOC.  The agency posts records of charges going back to 1997 – 20 years of data.  Since a picture speaks a thousand words, here is the latest information relative to the total number of charges filed with the agency since 1997:     Stepping back and putting the new numbers into their relative place, a few things are made clear.  The overall rise and fall of charges over…

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30 Jan 2018 What’s the EEOC Up To These Days?

  Are you curious as to what the EEOC has been up to in the past year? The wait is over — in its 2017 Enforcement and Litigation Data released last week, the EEOC identified the volume and types of workplace discrimination charges keeping its staff busy during FY2017 (ending in September 2017). While FY2017 saw 84,254 charges coming through the EEOC’s doors, this figure is the lowest the EEOC has seen in 10 years, and reflects a nearly 8 percent drop in charges filed…

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18 Jan 2018 Settlement in Flu Shot Case Provides Lessons for Mandatory Vaccine Programs

  Just as the flu has gone viral throughout the United States this winter, the U.S. Equal Employment Opportunity Commission has resolved a religious accommodation lawsuit against a hospital that had implemented a mandatory influenza vaccine program for its employees.   The case centered on the use of a staff immunization policy at Mission Hospital in North Carolina, which the EEOC alleged did not provide sufficient safeguards for employees who wished to seek an exemption from mandatory flu shots on the basis of their sincerely…

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29 Dec 2017 Asking: “How much do you currently make?” in 2018?

  Not in California.  California law (A.B. 168) is the latest in a batch of state and local laws prohibiting employers from asking job candidates how much they currently or have made.  It takes effect January 1.  Candidates can voluntarily disclose their salary history and in that case the employer can use that information in setting initial compensation.  Employers are also required to provide job candidates with a pay scale for the positon upon request.   New York City’s pay history inquiry ban went into…

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03 Nov 2017 EEOC Complaint Inquiries Now a Click Away With New Public Portal

  The U.S. Equal Employment Opportunity Commission (EEOC) announced on Nov. 1 its new online portal available for individuals to submit discrimination and retaliation inquiries. Previously, prospective complainants either called a toll-free number or contacted a field office.   Individuals can subsequently use the public portal to digitally sign and file a charge of discrimination the EEOC has prepared for them.   An individual can use the portal to upload documents, agree to mediation, receive messages and schedule appointments, and check on the status of…

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