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The Legal Stuff
BT Currents - Hot Topics in Employment Law

22 Aug Ohio House Proposes Hurdles to Hiring Process

  The Ohio House has proposed a bill designed to protect the privacy of employment applicants, but the bill also could making hiring more cumbersome for employers.   House Bill 187 provides that no employer may request an applicant’s Social Security number, date of birth, or driver’s license number before making an offer of employment. This language is problematic for employers, because these are pieces of information an employer uses to check criminal records, driving history, credit history, and history of previous employment with the…

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17 Aug Seventh Circuit Says EEOC May Press on With Enforcement Efforts After Right-to-Sue

  In a matter of first impression for the U.S. Court of Appeals for the Seventh Circuit (which covers Wisconsin, Illinois, and Indiana), the Court considered whether the EEOC’s authority terminates upon its issuance of a “right to sue” letter or the dismissal of a subsequent lawsuit on the merits. The Court’s decision in EEOC v. Union Pac. R.R. Co., arose out of the EEOC’s efforts to enforce a subpoena in a matter in which a “right to sue” letter had been issued (after the…

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15 Aug Single Use of Racial Slur Sufficient to Assert Harassment Claim

  In a recent decision, the U.S. Court of Appeals for the Third Circuit held that a single use of a derogatory term can sustain a workplace harassment claim. In Castleberry v. STI Group and Chesapeake Energy Corporation, the parties disputed whether or not a single use of a racial slur could be “severe” enough to support the plaintiff’s claim of harassment and survive a motion to dismiss.   The plaintiffs, two African-American employees, brought claims for harassment, discrimination, and retaliation after they were terminated…

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03 Aug What’s Mine Is Not Yours! School Districts Reminded of FERPA’s Sole Possession Exception

  Many school districts throughout this upcoming school year will likely be faced with requests for student records from various sources. Student records are protected by one of the strongest privacy protection laws in the nation, the Family Educational Rights and Privacy Act (FERPA). All educational institutions that are recipients of federal education funds are required to adhere to FERPA’s strict regulations prohibiting the release of student information. While FERPA safeguards the release of student education records, parents essentially have an unhindered right to inspect…

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31 Jul Survey Says: Almost All Employers Use Background Checks (and Other Notes on Pre-Employment Testing)

    As we sometimes do, we turn our attention to one of the monthly surveys from the Ohio-based Employers Resource Association (ERA). This survey focuses on a number of interesting questions about hiring trends as practices, such as who interviews applicants (24 percent of respondents have peers interview applicants) and what resources are used to find candidates (not surprisingly, online job boards leads at 89 percent).   More on the employment law side, I thought the question showing what percent of employers use various kinds…

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