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BT Currents - Hot Topics in Employment Law

20 Sep Pregnancy Discrimination Act Requires Employers to Accommodate Breastfeeding Employees

Employee Health Issues, Employment Discrimination | Mark Scudder

  The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a district court decision in favor of a police officer who argued that her employer failed to accommodate her so she could breastfeed.   In Hicks v. City of Tuscaloosa, officer Hicks requested an alternative duty upon her return from maternity leave. Normally, she was required to wear a bulletproof vest, but her doctor said that wearing the vest could cause infection and prevent her from breastfeeding. Hicks requested a duty that would…

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12 Sep California Dreaming: Court Upholds Restrictions in Employment Agreement, Bars Use of Confidential Information

Noncompetes and Trade Secrets | Hans Murphy

  As most multi-state employers already know, California is inimical to employer-employee non-compete agreements; indeed, the state even has a statute saying as much. Consequently, many employers tend to surrender before imposing any restrictions on departing workers in California. But, there’s hope. A recent decision from the U.S. District Court for the Northern District of California (Fidelity Brokerage Services, LLC v. Brett Rocine, Case No. 17-cv-4993-PJH) provides some solace for businesses trying to fend off competition from faithless employees in the Golden State.   The…

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11 Sep U.S. Supreme Court is Asked to Answer the Question: What Do You Mean by ‘Sex’?

Employment Discrimination, Workplace Culture and Conduct | Jeanine Gozdecki

  We knew this question would be asked. On Sept. 7, a petition was filed in this country’s highest court, asking it to settle the ongoing debate of whether Title VII’s prohibition against sex discrimination includes discrimination based on sexual orientation.   The U.S. Court of Appeals for the Eleventh Circuit case, Jameka K. Evans v. Georgia Regional Hospital, et al., involves a gay female security guard at a Georgia hospital who was allegedly harassed and not promoted because of her sexual orientation. She sued the hospital…

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11 Sep Employment Authorization Issues Related to DACA Rescission

Employment Lessons | BT Currents

  Alert Overview: On Sept. 5, the U.S. Department of Homeland Security began an “orderly wind down” of Deferred Action for Childhood Arrivals (DACA). DACA, and a related program, Deferred Action for Parents of Americans (DAPA), were created by executive order of President Barack Obama in 2012. As the result of a lawsuit brought by several states against the DAPA program, DAPA was rescinded after courts determined that legal and constitutional problems existed with the program.   In June 2017, several states informed the U.S. Attorney…

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31 Aug Lessons Learned: As Flu Shot Season Approaches, Inflexible Rules Can Cause Accommodation Headaches

EEOC | Norma Zeitler

  It’s the end of summer. Our children are returning to school, the evenings are turning a bit cool and hospitals are educating their workforces on mandatory flu vaccination programs.   Each year at about this time, we look to recent court decisions for guidance on how best to balance a hospital’s interest in protecting its patients (among other things) with a healthcare worker’s sincerely held religious belief that conflicts with the hospital’s requirement that its employees  get the flu vaccine.   Last summer, I…

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