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The Legal Stuff
BT Currents - Hot Topics in Employment Law

31 Aug Are Your Employees Religious Enough For The NLRB?

The NLRB is at the center of the most recent battle over religious freedom. At issue is the religious character of faculty at religious colleges and universities. Since the U.S. Supreme Court’s ruling in NLRB v. Catholic Bishop of Chicago, the board has been barred from regulating employees in religious educational institutions. However, in recent years, the board has tried to narrow the reach of the Catholic Bishop of Chicago case by arguing that it only applied to institutions of a “substantial religious character.” When…

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27 Aug The Witness Files: 10 People We Keep Seeing in Workplace Investigations (cont.)

I have written here and here on BT Currents about the fact that it seems there are a handful of types of characters – among the complainants, the accuseds and the innocent bystanders alike – who seem to present themselves over and over again in workplace investigations, and a series I have written on i-sight.com about these characters and key strategies for dealing with each of them. The 10 characters I have identified are the following:   Complainants – Poor performer – Questionable complainant –…

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19 Aug Not All Good Deeds Are Punished: A Paid Suspension Is Not An Adverse Employment Action For Title VII

Chalk up a victory for logic.   Addressing an issue of first impression, the federal Third Circuit Court of Appeals (which covers Delaware, New Jersey and Pennsylvania), recently held that an employee’s suspension with pay is not an adverse employment action for purposes of Title VII. In doing so, the Third Circuit has joined several of its sister Circuits across the country, including the Second, Fourth, Fifth, Sixth and Eighth Circuits.   The case, Jones v. Southeastern Pennsylvania Transportation Authority involved an employee who was…

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14 Aug Clarity from the 9th Circuit: The ADA Does Not Require Employer to Keep a Potentially Violent Employee

A recent decision by the Ninth Circuit Court of Appeals affirms our faith in the federal courts on issues of workplace violence. In the case of Mayo v. PCC Structurals, Inc., the plaintiff/employee argued that he was a victim of disability discrimination under Oregon law after he was fired for threatening his co-workers. (The court notes Oregon’s disability law is similar to and similarly analyzed as the Americans with Disabilities Act.)   The employee had a history of major depressive disorder, and after making threats…

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30 Jul The South May Rise Again Someday, But Not In Your Workplace

The recent debate over the South Carolina State House’s flying of the Confederate flag has stirred up a great deal of controversy. Most Americans believe the flag is a symbol of bigotry and oppression and demanded the immediate removal of the symbol of the Confederacy. A small vocal minority of Americans, however, have rallied around the Stars and Bars, claiming it stands not for racism, but instead for Southern heritage and pride. Many in this group of supporters, both in the South and around the…

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