Follow Us
twittergoogle_pluslinkedinrssyoutube
Subscribe to the BT Currents Blog

By signing up, you agree to our Terms of Service and Privacy Policy.

Recent Posts
The Legal Stuff
BT Currents - Hot Topics in Employment Law

06 Jul Performance You Can Measure Is Best Defense, FMLA Case Demonstrates

I often find myself counseling clients that the more measurable a performance issue is, the easier it is for the employer to prove that issue is the true, nondiscriminatory reason for a termination or other job action in the face of a discrimination or other employment claim. Sales employees almost always have measurable data about their performance, which seemingly provides an objective basis for employment decisions taken against individuals whose sales number are lowest. Such decisions are not bullet proof; for example, the employee may…

0 0
READ MORE

22 Jun Does Being “Perceived As” Muslim Support A Title VII Claim? One Court Says Yes

Readers will know that the Americans with Disabilities Act (ADA) is distinctive among discrimination statutes in that it protects not only people who are disabled but also those regarded as disabled, as discussed here and here.  The foundation of a Title VII sex discrimination in the language “because of sex” also creates potential gray areas as to exactly who the law protects.  Generally, however, a person either is in a protected class or is not.   This recent case from a Michigan federal court flags…

0 0
READ MORE

19 Jun Do Not Seek DNA Information From Employees…

Do not seek DNA information from employees … even for non-discriminatory purposes. That seems to be the lesson learned from a recent federal court decision in Georgia.  A food distribution company in Atlanta, Atlas Logistics, requested several employees to submit to cheek swab genetic tests when human feces deposits were repeatedly discovered in one of its warehouses. Although the offender(s) were not identified by the genetic tests, a forklift operator and a deliveryman who submitted to the testing later sued under the federal Genetic Information…

0 0
READ MORE

17 Jun Medical Marijuana Users Get Smoked by High Court of Colorado

Becoming the first state to decide the much-anticipated issue, the Colorado Supreme Court unanimously held that a statute barring the termination of workers for engaging in lawful activities outside of work does not prevent employers from firing an employee for failing a drug test, despite having a state license to smoke marijuana for medical purposes. The reason: smoking marijuana is still unlawful under federal law. The case, Coats v. Dish Network, can be found here.   The plaintiff – a quadriplegic customer service representative for…

0 0
READ MORE

15 Jun If the payroll company says it’s an employee …

I wrote here and here earlier this year about the importance of employers carefully reviewing who they consider to be an independent contractor so the employer avoids the various legal problems that can arise as misclassifying workers who should be employees as independent contractors. A recent decision from a federal court in Florida is another lesson in this. In Rezendes v. Domenick’s Blinds, two workers – an installer and a seamstress – won summary judgment from the court in a wage/hour case that they should…

0 0
READ MORE