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BT Currents - Hot Topics in Employment Law

17 May Hiring Teenagers This Summer? Here are 3 Key Considerations

  School’s out for the summer. If you do business in recreation, restaurants, or retail, chances are you will be employing teen workers this season. So now is a good time to learn from a few real-world examples of legal issues involving teen workers.   The U.S. Equal Employment Opportunity Commission will not hesitate to come to the aid of young workers if it believes they have been subjected to sexual harassment. You can read the EEOC’s descriptions of several of its cases involving harassment…

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01 May Lessons Learned: Job Descriptions Do Matter

  When was the last time you reviewed the job descriptions of your employees?  At the time of the review, did you ask supervisors to review the job descriptions to see if they were accurate?  What about the employees – did you have each employee review and sign the applicable job description, acknowledging that it accurately described the job duties as performed by the employee?  While there is no legal requirement to regularly update job descriptions (or even to have them), the 11th Circuit’s decision…

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19 Apr Court Tells Skydiver’s Estate It Won’t Reconsider Title VII Claim

  On April 18, the U.S. Court of Appeals for the Second Circuit declined to reconsider the estate of deceased skydiver Donald Zarda’s Title VII claim against former employer Altitude Express. Zarda filed suit claiming his employment was terminated because of his sexual orientation. Although his New York state law claim was explicitly based on sexual orientation, his Title VII claim was characterized as a sex discrimination claim.   The U.S. District Court for the Eastern District of New York granted summary judgment to Altitude…

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13 Apr Minnesota Human Rights Act’s Statute of Limitations Tolls When Employer Investigates Discrimination Complaints

  The Minnesota Human Rights Act (MHRA) requires an individual to either commence a civil action or file a charge with the Minnesota Department of Human Rights (MDHR) within one year after the occurrence of an unlawful discriminatory act. However, that one year time period is suspended when the individual and the employer voluntarily engage in a dispute resolution process. The statute states that a “dispute resolution process” can include arbitration, conciliation, mediation or grievance procedures.   Most employers have believed the statute of limitations…

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03 Apr Employer’s ‘Stirring Up’ Testimony Allows Plaintiff to Pursue Section 504 and ADA Claims

  A case out of the U.S. District Court for the Western District of Tennessee provides a useful reminder that employers must exercise caution when responding to reports of potential protected activities. The case, Hicks v. Benton County Board of Education, involved a special education aide who spoke to special education parents about services their students failed to receive. Upon learning this information, the principal instructed the plaintiff to cease talking directly to parents concerning what was going on in the program and to instead…

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