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The Legal Stuff
BT Currents - Hot Topics in Employment Law

08 Sep EEOC Issues Anti-Retaliation Guidance First Guidance in Nearly Two Decades Puts Employers on Notice of EEOC’s Workplace Retaliation View

  On Aug. 29, the U.S. Equal Opportunity Employment Commission (EEOC) issued its much awaited Enforcement Guidance on Retaliation and Related Issues – its first enforcement guidance on workplace retaliation in more than 18 years. In addition to retaliation, this guidance also addresses the “interference” provision under the Americans with Disabilities Act (ADA), which prohibits threats, coercion or other actions that inhibit the exercise of ADA rights.   This guidance was highly anticipated as “retaliation is asserted in nearly 45 percent of all charges [received]…

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31 Aug EEOC: Drug Testing Policies Must Allow for Reasonable Accommodation

  The Equal Employment Opportunity Commission (EEOC) recently filed suit against a car dealership alleging that its drug testing policy did not contain exceptions for qualified persons with disabilities. The lawsuit, EEOC v. Bell Leasing, Inc., Civil Action No. 2:16-cv-02848, was filed on August 25, in the U.S. District Court for the District of Arizona. The EEOC alleges the employer made a job offer to an applicant contingent upon a successful drug test.  When the applicant tested positive for a prohibited substance, the employer rescinded…

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25 Aug Ray of Hope Peeks Through a Mound of Proposed EEOC Data Requirements: Senators Fight to Nix EEOC Plan

  The way things are going at the EEOC, the next time it requires additional information on the annual EEO-1 report, it will want to know what kind of underwear each employee wears broken down by race, sex and national origin. OK, that’s an exaggeration, but many employers probably wouldn’t be surprised.   In January, the EEOC proposed a rule requiring larger employers to report pay and hours worked data, in addition to standard demographic data. The new information is intended to give government agencies…

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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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04 Aug Five Lessons from Fox News on Sexual Harassment

  The recent accusations of sexual harassment against Roger Ailes at Fox News, and the response of a high-profile candidate for public office about how women should respond to sexual harassment have crystallized into an opportunity to learn from the mistakes of others.   Since the mid-1980s, we’ve all read about sexual harassment and been trained on it. For the last 25 years, I’ve studied it, investigated it, seen it, taught about it, warned about it, developed policies to guard against it, and defended companies…

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