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The Legal Stuff
BT Currents - Hot Topics in Employment Law

12 Jan Is Sexual Orientation Discrimination Really Sex Discrimination? The EEOC Wants Courts To Think So

  Although sexual orientation is not specifically listed as a protected class under Title VII, the Equal Employment Opportunity Commission (EEOC) is fighting to expand the law through judicial interpretation to protect sexual orientation. The EEOC’s latest efforts came in an amicus brief filed in Burrows v. College of Central Florida, an Eleventh Circuit case in which the plaintiff claims she lost her job because she is a lesbian.   The EEOC makes the following arguments in its attempt to persuade the court that sexual…

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08 Jan Permanent Lifting Restrictions and the ADA

  Permanent lifting restrictions can be a headache for employers when navigating through the accommodation process under the Americans with Disabilities Act (ADA). In determining the reasonableness of accommodating these restrictions, employers should review the essential functions of the position, whether it has provided similar accommodations, and whether such an accommodation could be provided permanently. All of this can be time consuming and difficult and can result in litigation if done wrong. However, a recent decision by the 7th Circuit Court of Appeals provides some…

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GINA Compliance

24 Nov It’s Time to Give Your Employee Wellness Programs a Check-Up to Ensure Compliance with GINA

  The U.S. Court of Appeals for the Fifth Circuit recently provided employers with some food for thought in considering their employee wellness programs in relation to the Genetic Information Nondiscrimination Act (GINA). In Ortiz v. City of San Antonio Fire Dep’t. (SAFD), the collective bargaining unit allowed for a mandatory wellness program for all SAFD employees. As part of SAFD’s mandatory requirements, all uniformed employees were required to submit to a “job-related medical evaluation,” which included a physical exam; blood and urine tests; and testing…

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23 Nov Federal Court Allows ADEA “Pattern-or-Practice” Claim to Proceed

Earlier this week, a federal district court in Florida allowed the Equal Employment Opportunity Commission’s (EEOC) pattern-or-practice discrimination claim against a national restaurant chain to proceed (EEOC v. Darden Restaurants, Inc.). The EEOC brought its lawsuit against Darden Restaurants, Inc., alleging the company had hiring practices that favored younger applicants over those who were older, and that such practices violated the Age Discrimination in Employment Act (the ADEA). In support of these allegations, the agency relied on data showing Darden’s hiring of individuals over 40-years-old…

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30 Oct EEOC Proposes Six Substantive Changes to Title II GINA Regulations

The EEOC is seeking comments on proposed regulations that would allow employers that offer wellness programs as part of group health plans, to provide limited incentives or inducements in exchange for an employee’s spouse providing certain information about his or her health status.  Such incentives include, but are not limited to, both financial inducements and in-kind inducements such as paid time off.   On Oct. 30, the EEOC issued a Notice of Proposed Rulemaking (NPRM) which would amend the regulations related to Title II of…

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