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BT Currents - Hot Topics in Employment Law
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26 Jun 2015 EEOC revises its enforcement guidance on pregnancy discrimination to comport with recent Supreme Court ruling

The EEOC just issued a revised version of its Enforcement Guidance on Pregnancy Discrimination and Related Issues in order to address a number of issues related to the U.S.  Supreme Court’s recent decision in Young v. United Parcel Service, __ U.S. __135 S.Ct. 1338 (2015), which addressed the issue of disparate treatment of pregnant workers.   The newly released version of the Enforcement Guidance will supersede the prior Enforcement Guidance on Pregnancy Discrimination that the EEOC released in July 2014 while the Young v. UPS…

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22 Jun 2015 Does Being “Perceived As” Muslim Support A Title VII Claim? One Court Says Yes

Readers will know that the Americans with Disabilities Act (ADA) is distinctive among discrimination statutes in that it protects not only people who are disabled but also those regarded as disabled, as discussed here and here.  The foundation of a Title VII sex discrimination in the language “because of sex” also creates potential gray areas as to exactly who the law protects.  Generally, however, a person either is in a protected class or is not.   This recent case from a Michigan federal court flags…

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19 Jun 2015 Do Not Seek DNA Information From Employees…

Do not seek DNA information from employees … even for non-discriminatory purposes. That seems to be the lesson learned from a recent federal court decision in Georgia.  A food distribution company in Atlanta, Atlas Logistics, requested several employees to submit to cheek swab genetic tests when human feces deposits were repeatedly discovered in one of its warehouses. Although the offender(s) were not identified by the genetic tests, a forklift operator and a deliveryman who submitted to the testing later sued under the federal Genetic Information…

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18 Jun 2015 Zoo Fires Employee For Social Media Comment About Serving “Rude A** White People”

In suburban Chicago, the Brookfield Zoo has fired one of its employees for complaining in a social media post about having to serve “rude a** white people.”  The employee posted an Instagram selfie, which she then shared to Facebook, in which she is wearing her Brookfield Zoo uniform and in which she tagged the location as the Brookfield Zoo.   The post went viral, being shared over 6,000 times and receiving approximately 20,000 likes.  Hundreds of customers complained to the zoo and called for the…

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17 Jun 2015 Medical Marijuana Users Get Smoked by High Court of Colorado

Becoming the first state to decide the much-anticipated issue, the Colorado Supreme Court unanimously held that a statute barring the termination of workers for engaging in lawful activities outside of work does not prevent employers from firing an employee for failing a drug test, despite having a state license to smoke marijuana for medical purposes. The reason: smoking marijuana is still unlawful under federal law. The case, Coats v. Dish Network, can be found here.   The plaintiff – a quadriplegic customer service representative for…

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17 Jun 2015 EEOC Targets Minnesota Company For Alleged Transgender Discrimination

Through its 2012 Strategic Enforcement Plan (SEP), the EEOC had made it a top priority to target employer-discriminatory conduct directed at “lesbian, gay, bisexual and transgender employees.” In accordance with the SEP, the commission last week filed a lawsuit against Deluxe Financial Services, a Minnesota-based printing and financial services company. The EEOC alleges that Deluxe discriminated against Britney Austin, a longtime employee who recently began presenting as a woman. According to the complaint, Deluxe would not allow Ms. Austin to use the women’s restroom and…

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15 Jun 2015 If the payroll company says it’s an employee …

I wrote here and here earlier this year about the importance of employers carefully reviewing who they consider to be an independent contractor so the employer avoids the various legal problems that can arise as misclassifying workers who should be employees as independent contractors. A recent decision from a federal court in Florida is another lesson in this. In Rezendes v. Domenick’s Blinds, two workers – an installer and a seamstress – won summary judgment from the court in a wage/hour case that they should…

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12 Jun 2015 Recent Case Illustrates How Types of Associational Discrimination Claims Can Play Out in Litigation

The Americans with Disabilities Act (ADA) protects applicants and employees from discrimination based on their relationship or association with an individual who has a disabling condition. Generally speaking, there are three types of associational discrimination claims:   Expense discrimination: Employer fears that association with disabled person will be costly to the employer. Disability by association: A relationship with a disabled person means employee may also be disabled. Distraction: A relationship with a disabled person will prevent the employee from completing job responsibilities.   A recent…

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11 Jun 2015 Los Angeles Passes Minimum Wage Hike to $15 per Hour

  Yesterday, the Los Angeles City Council approved a minimum wage hike to $15 an hour, becoming the latest large city to increase pay.  In a 12-1 vote, the city council passed the second reading of a proposal that would make Los Angeles the largest city in the U.S. to adopt the higher minimum wage.  Los Angeles follows in the footsteps of such cities as San Francisco and Seattle. The hourly rate would more than double the current federal rate of $7.25 per hour.  …

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10 Jun 2015 Court Says Advice From Counsel is Affirmative Defense to Tortious Interference Claims in Minnesota

Earlier this year, the Minnesota Supreme Court recognized as an affirmative defense the reliance upon legal advice in defending against a claim of tortious interference with a contract. In Sysdyne Corp. v. Rousslang, et al., No. A13-0898 (Minn. Mar. 4, 2015), the former employer (Sysdyne) brought a claim against the hiring company (Xigent Solutions), alleging tortious interference after it hired its former employee (Brian Rousslang) who had a non-competition agreement with Sysdyne.  Sysdyne also brought claims against Rousslang, alleging violation of his non-competition agreement with…

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