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BT Currents - Hot Topics in Employment Law

24 Aug Massachusetts Law Latest to Bolster Protection for Pregnant Employees

Employment Lessons, Pregnancy | Doug Oldham

  On July 27, Massachusetts Gov. Charlie Baker signed the Pregnant Workers Fairness Act, which amends the state’s antidiscrimination law to include pregnancy and pregnancy-related conditions, such as breastfeeding, as protected classes. The new law, which goes into effect on April 1, 2018, also requires employers to provide pregnant employees and new mothers with reasonable accommodations unless such accommodations would cause the employer undue hardship.   Potential accommodations identified in the statute include: more frequent or longer breaks paid or unpaid leave to recover from…

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22 Aug Ohio House Proposes Hurdles to Hiring Process

Employment Lessons | Doug Oldham

  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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21 Aug Don’t Get Caught in the Weeds: Hiring Issues and Medical Marijuana

Employment Discrimination | BT Currents

According to the National Conference of State Legislatures, 29 states have “comprehensive public medical marijuana and cannabis programs” and 16 states have more limited programs that allow for the use of “low THC, high cannabidiol” products for certain medical reasons. This legalization of medical marijuana has created challenges for employers and their hiring practices when many companies desire to have a zero-tolerance policy on drugs and alcohol in the workplace, especially for safety-sensitive positions.   The courts also have weighed in regarding employers’ decisions not…

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

EEOC, Employment Lessons | Koryn McHone

  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

Employment Lessons, Workplace Culture and Conduct | BT Currents

  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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