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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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22 May 2013 Hot Topic: The Use of Criminal Records to Make Hiring Decisions

Medical testing giant Quest Diagnostics Inc. (42,000 employees worldwide) recently found out the hard way that government agencies across the country are ramping up enforcement of state and federal laws restricting the use of criminal convictions when making hiring decisions. While the Equal Employment Opportunity Commission (EEOC) uses Title VII’s prohibition against disparate impacts against employees relating to race or national origin to investigate companies’ hiring policies in relation to criminal records, many states, such as New York, have laws specifically limiting the use of…

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17 May 2013 EEOC Offers Updated ADA Guidance Q&A’s Pertaining to Cancer, Diabetes, Epilepsy and Intellectual Disabilities

In a measure to keep up with the changes made by the Americans with Disabilities Amendments Act (ADAAA) in relation to what employees and applicants must show to establish that they have a “disability,” the Equal Employment Opportunity Commission (EEOC) has revised its informal “Question and Answer” guidance forms pertaining to four categories of medical conditions – cancer, diabetes, epilepsy, and intellectual disabilities – to provide clarification as to how employers should address such conditions and to confirm that individuals having each of the types…

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16 May 2013 OFCCP Notice Issued Regarding New Census EEO Tab

The Office of Federal Contract Compliance Programs (OFCCP) has issued a notice regarding the date on which federal contractors must begin using the 2006-2010 EEO Tabulation (2010 EEO Tab), which was released to the public on Nov. 29, 2012.  Effective Jan. 1, 2014, federal contractors must begin using the 2010 EEO Tab to develop all Affirmative Action Programs (AAPs) and the OFCCP, likely, will begin using the same at that time. As federal supply and service contractors may know, the employers must prepare and maintain AAPs…

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15 May 2013 Minnesota Passes “Ban the Box” Legislation

This week, Minnesota’s Governor Mark Dayton signed into law legislation known as “Ban the Box.” The law is prohibits most private employers from asking job applicants about criminal backgrounds until either (a) at the point of an interview; or (b) after a provision job offer is made. The statute is known as “Ban the Box” because it refers to the criminal history question included on most job applications wherein the applicant would check off the box as to whether he or she had previously been…

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25 Apr 2013 A Supreme Court Update: Notes on Wednesday’s Oral Argument About Title VII Retaliation Claims

Wednesday morning, the Supreme Court heard the final oral argument of its term – and the argument surrounds an employment retaliation case born in the State of Texas. University of Texas Southwestern Medical Center v. Nassar (U.S. No. 12-484). The underlying case involves a doctor who complained of discrimination and was not hired, but candidly, that’s not part of the discussion anymore. The real battle is over what employees should have to prove to win a case of retaliation. The crux of the debate focuses…

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24 Apr 2013 Testing the Supreme Court (again) on Retaliation Claims

Today, (Wed., April 24th), the Supreme Court hears oral argument in a closely watched employment retaliation case from the Fifth Circuit: University of Texas Southwestern Medical Center v. Nassar (U.S. No. 12-484). The ruling in this case, whatever the outcome, is likely to significantly impact employers and their ability to defend themselves against the ever-increasing number of retaliation claims. Here is a quick overview of the issues at hand. The central question in the Nassar case is what is the appropriate standard of proof for…

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24 Apr 2013 Inconsistent Treatment Of Employees Gets You Every Time

Although you might think that cussing in the workplace should get an employee fired, a recent decision from the District of Colorado shows that it all comes down to the context. The court denied summary judgment for an employer, finding that the plaintiff-employee had established a prima face case of age discrimination and provided sufficient evidence of pretext. The case, Roach v. Safeway, Inc., Case No. 12-cv-1239-RBJ, involved a 60-year old store manager with 40 years of seniority in the company. The employee had an overall…

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05 Apr 2013 D.C. District Court Finds That OFCCP Requirements Extend to Hospitals with HMOs

The federal district court for the District of Columbia recently ruled that three hospitals were deemed to be subcontractors and subject to the Office of Federal Contract Compliance Program’s (OFCCP) jurisdiction and reporting requirements because of the hospitals’ contractual relationships with an HMO. As a result, the district court held that the hospitals were subject to the EEO and affirmative action requirements of an Executive Order 11246, the Rehab Act and VEVRAA. In UPMC Braddock v Harris, the three hospitals subcontracted with UPMC Health Plan…

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02 Apr 2013 Seventh Circuit Finds Menial Tasks, Isolation, and Allegations of Violence Provide Pipeline to Jury Trial

In reversing a district court’s grant of summary judgment on an employee’s hostile work environment claim under Title VII, the Court of Appeals for the Seventh Circuit found a female plumber to have alleged sufficient facts to make it to a jury trial. Specifically, in Hall v. City of Chicago, found here, the only female plumber working within a particular division for the City of Chicago, alleged, among other things, that she was forced to do menial tasks (e.g., sorting of the exact same documents…

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02 Apr 2013 U.S. Supreme Court to Consider Application of ADEA to State and Local Workers

The U.S. Supreme Court has agreed to hear an appeal from Illinois Attorney General Lisa Madigan on the issue of whether state and local government employees can bypass the Age Discrimination in Employment Act and sue for age discrimination under an equal protection theory. The case is Madigan v. Levin, Docket Number 12-872. Appellate courts are split on whether the ADEA is the exclusive route for state and local government employees to bring a claim for age discrimination, or whether an equal protection claim via…

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