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BT Currents - Hot Topics in Employment Law

21 Jul OSHA Announces Delay in Non-Discrimination Provisions, Higher Fines Still Coming in August

  As we have previously covered in a recent blog post, the Occupation Safety and Health Administration’s (OSHA) new electronic recordkeeping rules also contain controversial anti-retaliation provisions which originally would have been effective on Aug. 10, 2016, for federal OSHA states (and up to six months later in state plan states). Last week, OSHA announced that it was delaying the enforcement until Nov. 1, 2016, of the new provisions which also include prohibitions on blanket post-accident drug testing policies and safety incentive programs.   One…

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15 Jul 10th Circuit ADA Ruling Drives Home the Importance of Written Job Descriptions

  A cancer survivor’s Americans with Disabilities Act (ADA) lawsuit against a prospective employer was rejected this week by the U.S. Court of Appeals for the 10th Circuit in Kilcrease v. Domenico Transportation Co. The case involved a truck driver who, after successfully overcoming cancer, applied for work with a trucking company, Domenico Transportation. The job required applicants to (1) hold a Class A commercial driver’s license, (2) have three years of recent and verifiable mountain driving (the company is located in Colorado), (3) have…

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23 Jun OSHA’s New Mandatory Electronic Recordkeeping Rule The Hidden Requirements for Anti-Retaliation and Discrimination Require Action Before Aug. 10, 2016

As you may be aware, the Occupational Safety and Health Administration (OSHA) has published a new final rule revising the recordkeeping and reporting requirements. OSHA’s summary of its new final rule can be found here and the full text of the recordkeeping regulations can be found here.   While a lot of buzz is occurring around the new electronic submission requirements that become effective Jan. 1, 2017, there are significant developments which are not explicitly referenced in the regulations which require action by Aug. 10,…

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03 Jun EEOC Plows Ahead on Obama’s Initiatives. Next Up: National Origin Discrimination

As President Obama’s second term heads toward the finish line, the Equal Employment Opportunity Commission (EEOC) unveiled its latest initiative on June 2 – this time focusing on employment protections for victims of national origin discrimination.   According to the EEOC, national origin discrimination, more than any other protected class, overlaps with other forms of discrimination, particularly race, color and religion. These intertwined factors create sticky legal issues for employers where, for example, Title VII requires employers to accommodate certain religious practices but there is…

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24 May SCOTUS Rejects a Rule Neither Employers nor Employees Wanted: Green v. Brennan Decision

In Monday’s Green v. Brennan ruling, the U.S. Supreme Court decided that the limitations period for constructive discharge runs from the date the employee gives notice of the intent to resign. The 7-1 outcome was not a surprise following the questioning by the justices during oral arguments. The justices held that the filing period begins when an employee resigns as a result of discriminatory behavior, not when an employer creates an environment so adversarial that an employee feels forced to resign, previously ruled in 2014…

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