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BT Currents - Hot Topics in Employment Law

05 Jul Did a Lower Court Throw Schools an IEP Life Raft?

  In the wake of the recent U.S. Supreme Court ruling in Endrew F. v. Douglas County School District, school districts are tasked with developing substantively appropriate Individualized Education Plans (IEPs) that will stand up to the court’s heightened scrutiny.  The only clear guidance provided from the court regarding how to meet this heightened standard is that an IEP must allow a child to make progress that is appropriate in light of his or her unique circumstances.   However, a recent decision from the U….

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30 Jun ‘Bona Fide Relationships’ Under Trump’s New Travel Ban: Who’s In and Who’s Out?

  The U.S. Supreme Court made headlines on June 26 when it partially mandated aspects of Trump’s notorious “travel ban” barring immigrants from select countries from entering the United States. In a lengthy opinion, the court provided that people seeking visas from six restricted countries – namely Iran, Libya, Somalia, Sudan, Syria and Yemen – would be temporarily barred from entering the United States unless they can claim a “bona fide relationship” with a person or entity in the United States. This uncertain description of…

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29 Jun Ohio Legislature Considers Adding Teeth to New Gun Law

  On March 21, Ohio’s new gun law went into effect without a way to enforce it. The new law prevents employers from making or enforcing any policy that prohibits employees with concealed carry permits from storing firearms and ammunition in their locked cars on employer property. While this law spelled out employees’ right to lock guns in their cars, it contained no enforcement mechanism and no clear penalty on employers who obstruct employees from exercising their right.   Now the Ohio Senate is considering…

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28 Jun Content of Doctors’ Notes May Help Plaintiffs Establish Evidence of Disability Discrimination

  How often do you scrutinize doctors’ notes turned in by employees for signs of a claimed disability? A recent California case, Parker v. Comcast Cable Commc’ns Mgmt., LLC, serves as a reminder that the content of doctor’s notes can serve as strong evidence that an employer has constructive knowledge of one’s disability. Such a showing can therefore make it easier to establish and bring claims of disability discrimination against employers.   In order to be liable for a disability discrimination claim under California’s Fair…

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22 Jun Fourth Circuit Upholds ‘Mark of the Beast’ Jury Verdict

  The U.S. Court of Appeals for the Fourth Circuit unanimously upheld a West Virginia’s jury verdict of nearly $600,000 in favor of the EEOC on behalf of an employee who alleged the company failed to accommodate his religious belief. The employee believed that using the company’s biometric hand-scanning time clock would affix the “Mark of the Beast” as described in the book of Revelation in the Bible. By using the hand scanner, the employee believed he would be marked as a follower of the…

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