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The Legal Stuff
BT Currents - Hot Topics in Employment Law

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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08 Aug Sexual Orientation: DOJ and EEOC Take Opposite Positions in Amicus Briefs Filed in Same Case

  In a bizarre twist, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) have each filed amicus briefs on opposite sides of a sexual orientation discrimination case involving Title VII. Since 2013, the EEOC has consistently taken the position that Title VII prohibits sexual orientation discrimination.   As we have covered in past posts, there have been a number of recent decisions regarding whether Title VII’s prohibition against sex discrimination also prohibits discrimination on the basis of sexual orientation. In particular, the…

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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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26 Jul DOL Invites Public Input: Rethinking the Stalled Questions on Overtime

  Perhaps lost amidst other issues in Washington, D.C., the Department of Labor (DOL) announced on July 25 that it is tackling the long-awaited questions about overtime regulations.   The DOL’s Wage and Hour Division (WHD) is publishing a formal Request for Information that asks for public feedback on the Obama administration’s overtime rule. Once the RFI is published in the Federal Register, the public will have 60 days to submit comments. You’ll remember that the overtime regulations, which doubled the minimum salary levels for…

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