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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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25 Jul 2012 EEOC Cannot Claim “Deliberative Process Privilege” To Preclude Investigator’s Deposition

The United States District Court of the Southern Division of Alabama recently denied the Equal Employment Opportunity Commission’s (EEOC) motion to quash the deposition of the investigator assigned to the underlying Charge of Discrimination. In Equal Employment Opportunity Commission v. Southern Haulers, Inc., the EEOC argued that the “deliberative process privilege” prohibited the defendant from deposing the investigator about “the steps she took in conducting the investigation, the documents produced by EEOC as part of its investigative file, inconsistencies in the documents contained in EEOC’s…

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17 Jul 2012 EEOC Meeting on Strategic Enforcement Plan

In February 2012, the United States Equal Employment Opportunity Commission (EEOC) approved a Strategic Plan for Fiscal Years 2012-2016. The first performance measure of the Plan requires the EEOC to approve a Strategic Enforcement Plan, which it currently is developing. The purpose of the Plan is to leverage agency resources to focus on high impact lawsuits that will obtain relief for large numbers of individuals.  The text of the Plan can be found here.  To that end, the EEOC will hold an open meeting on…

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12 Jul 2012 Crossing the Minefield of Criminal Background Checks

The EEOC’s recent guidance on criminal background checks spawned numerous legal updates, alerts and webinars (including ours) talking about the new limitations for employers on pre-employment inquiries and applications.  In Indiana, this focus has underscored the importance of two other laws regarding background checks: 1. The federal Fair Credit Reporting Act (FCRA), and2.  July 1 changes to Indiana’s law on an individual’s criminal history (HEA 1033).  As a reminder, an employer that relies on a third party for criminal history reports has waded into coverage…

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11 Jun 2012 Business Groups Join In Request For EEOC To Pay For Title VII Case

In Equal Employment Opportunity Commission v. Peoplemark, Inc., Case No. 11-2582, the U.S. Chamber of Commerce, the Equal Employment Advisory Council and the National Federation of Independent Business Small Business Legal Center recently joined Peoplemark, Inc., in its request that Sixth Circuit Court of Appeals uphold the lower court’s award of $752,000 in attorney’s fees and costs awarded to the temporary employment agency after a voluntarily dismissed discrimination action by the U.S. Equal Employment Commission. The lower court’s award of fees and costs to Peoplemark…

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04 Jun 2012 EEOC Finds that Transgender Workers Are Protected by Title VII

In a landmark decision, the EEOC recently found that discrimination against transgender individuals constitutes sex discrimination in violation of Title VII. The administrative decision stems from a case where Mia Macy, a transgender individual, was denied a job as a ballistics technician by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The facts are straightforward: Macy previously was a police detective in Phoenix, Arizona. In December 2010, she decided to relocate to San Francisco. During this time frame, Macy was informed that the Bureau was…

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24 May 2012 Illegal Immigration Status Is Not Protected By Title VII

On May 21, 2012, the Seventh Circuit issued a decision in Cortezano v. Salin Bank & Trust Co., No. 11-1631, holding that an individual’s immigration status, by itself, was insufficient to support a national origin discrimination claim under Title VII. The case involved a bank manager whose spouse had come into the United States illegally from Mexico.  The spouse used a tax identification number (which he obtained under what the court described as murky circumstances) to open joint accounts with at the bank.  After the…

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22 May 2012 Indiana Ranks 13th In EEOC Charges Received by State

For the first time ever, the Equal Employment Opportunity Commission (EEOC) recently released a state-by-state analysis of charges received.  The statistics cover 2009-2011 and the link can found here.  The top five states receiving the most charges were, in order, Texas (9952), Florida (8088), California (7166), Illinois (6098), and Georgia (5599). Commentators have noted these states’ large populations generally, as well as high numbers of individuals most vulnerable to discrimination, as contributing to the charge numbers.  Indiana ranked 13th in the number of charges filed…

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