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BT Currents - Hot Topics in Employment Law

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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20 Jul Classic Conundrum: Protecting Employees from Themselves

Last week, the EEOC filed a lawsuit against a furniture company in North Carolina for firing a pregnant employee, allegedly because her job involved using potentially dangerous chemicals.   According to the EEOC’s regional attorney in Charlotte, North Carolina, “pregnant women have the right to make their own decisions about working while pregnant, including the risks they are willing to assume. Companies must not impose paternalistic notions on pregnant women, as doing so can result in unlawful discrimination.”   In the case filed against RTG…

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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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24 Jun EEOC Provides Additional Guidance on Employer Wellness Program Notice

In a recent press release, the Equal Employment Opportunity Commission (EEOC) has offered supplemental resources to assist employers in complying with Americans with Disabilities Act (ADA) notice requirements associated with their use of employee wellness programs and collection of employee health information as part of the same. Specifically, the EEOC directs employers to its Sample Notice for Employer-Sponsored Wellness Programs and a Q&A discussion relating to such sample and required notice. These resources address how to comply with the employer’s obligations to inform employees what…

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23 Jun EEOC Critical of NLRB’s Investigation Confidentiality Concerns

An Equal Employment Opportunity Commission (EEOC) task force has released a comprehensive report on its 18-month study on the issue of harassment in the workplace. The Select Task Force on the Study of Harassment in the Workplace consisted of a select group of outside experts impaneled to examine harassment in the workplace and was co-chaired by two current EEOC Commissioners, Chai Feldblum and Victoria Lipnic. They recently published the “Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace.”…

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