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BT Currents - Hot Topics in Employment Law

13 May A Smorgasbord of Termination Reasons That Might Be Used Against You

One of the most frequently asked questions in employment law counseling is “Can I terminate Employee X?” The better and more salient question is “For what reason(s) should I terminate Employee X?”   Not all reasons are created equal. There is a perception that the more reasons provided the greater the strength of the employer’s defense. And it’s true. Each discrete reason proffered by the employer must be rebutted. So, the more, the better? No, says the Fifth Circuit Court of Appeals in a recent…

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10 May 55-Year-Old Employee Fails to Establish Age Discrimination Claim against 3D Printing Company

Last week, a Minnesota Federal District Court granted summary judgment in favor of a New Mexico company accused of age discrimination. Optomec, Inc., is a New Mexico-based corporation that develops and manufactures 3D printing systems. While Optomec is headquartered in Albuquerque, it has also has a facility in St. Paul, Minnesota.   In 2013, Thomas Nash, who was 53-years-old at the time, began working for Optomec as a paid intern in the company’s St. Paul location. During his internship, Nash received average to “tepid” reviews….

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06 May Transgender Bathroom Access Addressed in New EEOC Fact Sheet

In the midst of news coming out of North Carolina, the Equal Employment Opportunity Commission (EEOC) has issued a new fact sheet that addresses bathroom access rights for transgender employees. The fact sheet’s key point is that transgender employees have the right to equal access to bathrooms that correspond to their gender identity. This right is provided by Title VII of the Civil Rights Act of 1964’s protection against sex discrimination—even if there is state law to the contrary.   Employers should note that, as…

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23 Apr A RIFing Yarn: How Being Able to Support a RIF Pays Off Down the Road

If getting sued by a former employee is bad, it stands to reason that getting sued by a former human resource employee is worse.  Aside from having to deal with the typical headaches associated with litigation, the employer also has to contend with someone who may know all of its dirty laundry. Mack Trucks / Volvo North America successfully faced down the appeal of such a suit just this last week in the federal Third Circuit.   The case, Andersen v. Mack Trucks, Inc.; Volvo…

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22 Apr The Benefits of Adopting an Effective Complaint-Reporting Procedure

A recent federal case from Washington reminds employers of the benefits associated with procedures making it easy for employees to complain of harassment or discrimination. The case is Matthiesen v. Autozoners, LLC, U.S. District Court for the Eastern District of Washington (Case No. 2:15-cv-0080).   Matthiesen involved a female employee who worked at an Autozone store for about five months.  The company’s handbook provided several options for reporting concerns about discrimination or harassment: discussing the situation with management, discussing the situation with human resources (HR)…

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