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BT Currents - Hot Topics in Employment Law

22 Nov Employers Take Note: Sexual Harassment is Not OK … Finally

  Before becoming a lawyer, I was a Captain in the U.S. Army. I was stationed overseas for much of my career, and served a remote tour in a faraway land. During that tour of duty, I learned many things. But the most important lesson I learned — as one of two female officers on the base — was to speak up (and out) against sexual harassment.   I have always been thankful that I was in a position where speaking up (and out) was…

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14 Nov Ohio House Considers Bill to Protect Businesses from Architectural Barrier Lawsuits

  The Ohio House is considering a bill that would protect employers and business owners from unexpected lawsuits by disabled plaintiffs. House Bill 271 would create Section 4112.16 to the Ohio Revised Code’s Civil Rights Commission chapter and would require a person with a disability who encounters a potential architectural barrier to put the property owner on notice of the alleged barrier before filing suit. The theory behind the bill is that property owners could remove the architectural barrier without the cost or inconvenience of…

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10 Nov Final Rule Issued on HIRE Vets Medallion Program

  As Veteran’s Day fast approaches, on Nov. 9, the U.S. Department of Labor (DOL) issued the Final Rule implementing the Honor Investments in Recruiting and Hiring (HIRE) American Military Veterans Act (HIRE Vets Act), which President Trump signed on May 5, 2017.   The Rule establishes a HIRE Vets Medallion Program, which will recognize qualifying companies with a HIRE Vets Medallion Award for their commitment to recruit, employ and retain American military service veterans. The Program will be implemented in 2019.   Under the…

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31 Oct Attention, Class: Seventh Circuit Finds Preferred Teaching Methods Not Protected Activity Under ADA and Section 504

  A former special education teacher, who claimed to have engaged in a protected activity when she defended her teaching methods following a negative performance evaluation, could not show that the school district discriminated against her when it terminated her. Finding no evidence of discrimination, the U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s grant of summary judgment in favor of the school in Frakes v. Peoria School District No. 150.   After receiving an “unsatisfactory” rating based on several deficiencies,…

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30 Oct OSHA Developments – More Good News for Employers

  As I mentioned in May, there have been a number of positive regulatory or enforcement developments for employers, including (1) the repeal of the Volks rule, which would have changed the statute of limitations for OSHA recordkeeping violations from six months to more than five years, and (2) the rescinding of the memo establishing union walk-around inspection rights even in a non-union setting.   Electronic Recordkeeping   The good news for employers continues with developments related to the electronic recordkeeping rule and the associated…

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