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BT Currents - Hot Topics in Employment Law

20 Feb Sexual Harassment 2.1: Keep Up, We Are Moving Fast…

Last week I wrote a post elsewhere updating business people on the latest developments arising from the tsunami of high–profile harassment reports and allegations in recent months. The bottom line:  we have had relatively few changes so far (this aspect of this year’s federal tax law a notable exception), but it seems almost certain there will be. For literally decades employers could protect themselves from most harassment claims with a good policy (easy), appropriate training (pretty easy), and responding appropriately to complaints of harassment (not necessarily…

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14 Feb Sexual Harassment In The Non-Profit World

  Much of my time is spent advising non-profits on human resources issues, and the employment issues they face are typically no different than those faced by for-profit employers.  Non-profits are legally obligated to put in place a policy that prohibits unlawful harassment in the workplace, to promptly investigate workplace harassment claims, and to take prompt and effective remedial measures to remedy the alleged harassment.   This is true – in the non-profit workplace – regardless of whether the alleged harasser is a supervisor, coworker,…

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13 Feb California Court Determines Gig-Economy Drivers Are Independent Contractors

  In a ruling that will likely have a significant impact on all sharing economy companies, San Francisco U.S. Magistrate Judge Jacqueline Scott Corley ruled that gig-economy drivers are independent contractors.  In other words, platforms that are built on pairing customers with products and services through the use of mobile applications can continue to do so without having to reclassify their drivers as employees. The opinion holds that such workers do not qualify for the protections offered to employees under California law.   It was…

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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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