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
0 0

25 Jul 2012 EEOC Cannot Claim “Deliberative Process Privilege” To Preclude Investigator’s Deposition

The United States District Court of the Southern Division of Alabama recently denied the Equal Employment Opportunity Commission’s (EEOC) motion to quash the deposition of the investigator assigned to the underlying Charge of Discrimination. In Equal Employment Opportunity Commission v. Southern Haulers, Inc., the EEOC argued that the “deliberative process privilege” prohibited the defendant from deposing the investigator about “the steps she took in conducting the investigation, the documents produced by EEOC as part of its investigative file, inconsistencies in the documents contained in EEOC’s…

READ MORE
0 0

24 Jul 2012 Pennsylvania District Court Conditionally Recognizes Novel “Over-50” Class

The U.S. District Court for the Western District of Pennsylvania has denied an employer’s motion to certify various questions for interlocutory appeal in relation to the grant of conditional certification of a class of employees over the age of 50 in an Age Discrimination in Employment Act (“ADEA”) lawsuit filed against it.  Specifically, in Karlo v. Pittsburg Glass Works, LLC., No. 10-1283, slip op. (W.D. Pa., July 20, 2012) (Barry Fischer, J. ), the defendant sought leave to certify three questions for appeal in relation…

READ MORE
0 0

17 Jul 2012 EEOC Meeting on Strategic Enforcement Plan

In February 2012, the United States Equal Employment Opportunity Commission (EEOC) approved a Strategic Plan for Fiscal Years 2012-2016. The first performance measure of the Plan requires the EEOC to approve a Strategic Enforcement Plan, which it currently is developing. The purpose of the Plan is to leverage agency resources to focus on high impact lawsuits that will obtain relief for large numbers of individuals.  The text of the Plan can be found here.  To that end, the EEOC will hold an open meeting on…

READ MORE
0 0

16 Jul 2012 Sixth Circuit Expands on “Cat’s Paw” Discrimination

Readers may remember the Staub v Proctor Hospital decision issued by the U.S. Supreme Court in March 2011, essentially holding under the “cat’s paw” theory that employers may be liable for discrimination if the decision maker relies on input from subordinates with discriminatory intent, even if the decision maker did not have discriminatory motives. In addition to the question, “why is it called ‘cat’s paw’ anyway” (more on that below), employers as with most Supreme Court decisions are waiting to see how the rule evolves as…

READ MORE
0 0

05 Jul 2012 Complaints Need Not Include Facts Which Would Support a Prima Facie Case of Discrimination under McDonnell Douglas

BT CurrentsBT Currents is managed by the attorneys in Barnes & Thornburg’s Labor & Employment Law Department. It’s designed to be your resource on employment law developments across the country. BT Currents will help employers across all industries stay aware of and respond to these developments.More Posts – Website

READ MORE
0 0

29 Jun 2012 Don’t Screen Out State Laws When Hiring

A recent decision from the Northern District of Illinois serves as a reminder to employers to consider both federal and state laws regarding pre-employment screening when making hiring decisions. In Stratton v. Merrill Lynch, 2012 U.S. Dist. LEXIS 60426, 2012 WL 1533456 (N.D. Ill. Apr. 25, 2012), the court determined that the Federal Deposit Insurance Act (FDIA) did not preempt the Illinois Human Rights Act, 775 ILCS 5/2-103, which prohibits employers from using the fact of an arrest as a basis for taking an adverse…

READ MORE
0 0

27 Jun 2012 U.S. Supreme Court Strikes Down Employment Provision in Arizona Immigration Law

The Supreme Court has ruled in Arizona v. United States, Dkt No. 11-182 that Arizona’s S.B. 1070, enacted in 2010 in reaction to increasing undocumented immigration into the State, is largely preempted by federal law. The decision, issued by Justice Kennedy, considered four provisions of the 2010 Arizona law and struck down three, including Section 5(C), which made it a state criminal misdemeanor for undocumented immigrants to apply for employment or work in the state. The Court held that the federal Immigration Reform and Control Act (IRCA)…

READ MORE
0 0

26 Jun 2012 U.S. Supreme Court to consider definition of “supervisor” for purposes of vicarious liability in hostile work environment case

While all eyes are on the United States Supreme Court this week as we await the release of its decision on the health care reform law as it concludes the 2011-2012 term, we also are looking ahead to cases of importance to employers on the Court’s docket this fall. The Supreme Court on Monday decided to add an interesting racial harassment case to its docket for the 2012-2013 term that will begin in October. The question the Court is expected to answer is whether the…

READ MORE
0 0

22 Jun 2012 Court Rules Participation in Post-Lawsuit Internal Investigation is Protected Activity

Although not particularly surprising, the Northern District of Illinois recently held that an employee who participated in an “internal investigation” regarding a former co-worker who had recently filed a race discrimination lawsuit was engaging in protected activity under Title VII.  The employee was therefore allowed to move forward with his retaliation claim after he himself was terminated several months later.  The opinion, Gomez v. Restaurant One Limited Partnership, may be found here. The case is noteworthy because the Seventh Circuit has previously held that participating…

READ MORE
0 0

18 Jun 2012 DOL Decision Supports Expansion of SOX Whistleblower Protections To Contractors of Publicly Traded Companies

The Administrative Review Board (Board) for the U.S. Department of Labor (DOL) recently issued a decision, expanding the scope of the whistleblower protections under Sarbanes-Oxley Act of 2002 (SOX). In Spinner v. David Landau and Associates, LLC., the Board specifically rejected an earlier decision issued by the U.S. Court of Appeals for the First Circuit and, instead, found that SOX’s whistleblower protections extend to the employees of contractors and subcontractors of publicly traded companies. In the Spinner case, Thomas Spinner was a Certified Public Accountant,…

READ MORE