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BT Currents - Hot Topics in Employment Law

12 Feb Rigorous RIF Process Defeats Discrimination Claims

  A recent federal trial court decision underscores the importance of the effective use of a rigorous reduction-in-force (RIF) selection process.   In Ameti v. Sikorsky Aircraft Corp., Sikorsky beat back multiple discrimination claims asserted by a former engineer selected as one of 17 of his peers in a reduction in force.  No. 3:14-cv-1223 (VLB) (U.S. Dist. Ct. Conn. February 6, 2018).  Sikorsky utilized an Employee Assessment Matrix to determine “the ability of the employee to perform under current and projected business conditions.”  The assessments…

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08 Feb Ohio Bill Protecting LGBTQ Rights Receives Widespread Support at Committee Hearing

  In October we detailed a new bill in the Ohio legislature aimed at banning discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations. As an update, House Bill 160, dubbed the Ohio Fairness Act, is currently before Ohio’s House Government Accountability and Oversight Committee.   On January 31, 2018, the committee held a public hearing and provided an opportunity for proponent testimony. It was the first time in nine years that a bill protecting LGBTQ individuals was…

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08 Jan Goals for the New Year: Prevent and Better Defend Employment Claims

  As sure as the calendar turns to a new year, there is no doubt that employers will see new employment discrimination charges and employment lawsuits filed.  So now is a good time for a check-up to see if you are well-positioned to minimize the risks of such claims in 2018.  Here are three quick, general pointers:   Clear Expectations. We’ve all seen it, in one form or another – the employee who, when faced with termination, will say: “I didn’t know that could get…

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29 Dec As Predicted, DOL Proposes Changes to Tip Pool Rule

As predicted in an earlier post, the U.S. Department of Labor has issued a Notice of Proposed Rulemaking which would alter its 2011 rule on tip pooling.  The 2011 rule prevented employers from requiring tipped employees from sharing their tips with traditionally non-tipped workers.  Under the proposed rule, employers who directly pay tipped employees the full minimum wage may require those employees to pool their tips with traditionally non-tipped employees.   The Fair Labor Standards Act (“FLSA”) generally requires employers to pay employees the minimum…

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28 Dec Nursing Mothers Protected under Discrimination Laws, says Connecticut Federal Court

  As we’ve recently outlined, the Illinois Nursing Mothers in the Workplace Act and Illinois Human Rights Act mandates that employers must be prepared to accommodate pregnant employees and nursing mothers. A recent ruling in Connecticut federal court should stand as a reminder to employers that Illinois is not the only state where the rights of pregnant employees and nursing mothers are protected.   Jill Grewcock was a nursing mother who sued her employer, Yale-New Haven Health Services Corporation, for sex discrimination and retaliation in…

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