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The Legal Stuff
BT Currents - Hot Topics in Employment Law

08 Sep EEOC Issues Anti-Retaliation Guidance First Guidance in Nearly Two Decades Puts Employers on Notice of EEOC’s Workplace Retaliation View

  On Aug. 29, the U.S. Equal Opportunity Employment Commission (EEOC) issued its much awaited Enforcement Guidance on Retaliation and Related Issues – its first enforcement guidance on workplace retaliation in more than 18 years. In addition to retaliation, this guidance also addresses the “interference” provision under the Americans with Disabilities Act (ADA), which prohibits threats, coercion or other actions that inhibit the exercise of ADA rights.   This guidance was highly anticipated as “retaliation is asserted in nearly 45 percent of all charges [received]…

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07 Sep Illinois Cracks Down on Noncompetes for Low-Wage Workers

  Should the teenage workers who make your deli sandwich (or bus tables or perform other routine entry-level work) be able to move from one job to another without running afoul of a noncompete? The court of public opinion thought so, as evidenced by the controversy that erupted over the Jimmy Johns sandwich chain’s much-publicized business plan that even low-level workers should be subjected to post-employment restrictions, as we reported here.   Now the Illinois General Assembly has stepped in with the new Illinois Freedom…

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02 Sep Illinois Employers Who Provide Sick Leave Must Allow Workers to Use It for Children and Family Members

  Employers who provide sick leave benefits for employees in Illinois will soon have to allow employees to use their accrued paid sick time to care for their children and other family members and not just for their own illnesses.   Starting January 1, 2017, any Illinois worker who is entitled to sick leave will be able to use it for absences due to an illness, injury, or medical appointment for a child, spouse, or certain other family members on the same terms as sick…

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31 Aug EEOC: Drug Testing Policies Must Allow for Reasonable Accommodation

  The Equal Employment Opportunity Commission (EEOC) recently filed suit against a car dealership alleging that its drug testing policy did not contain exceptions for qualified persons with disabilities. The lawsuit, EEOC v. Bell Leasing, Inc., Civil Action No. 2:16-cv-02848, was filed on August 25, in the U.S. District Court for the District of Arizona. The EEOC alleges the employer made a job offer to an applicant contingent upon a successful drug test.  When the applicant tested positive for a prohibited substance, the employer rescinded…

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30 Aug North Carolina Court Blocks ‘Bathroom Bill’ at UNC

  As an update to our previous posts (here and here) about bathroom access rights for transgender individuals, there are new developments in the North Carolina “bathroom bill” debacle. On August 26, a North Carolina federal court blocked the University of North Carolina from applying the state’s controversial bathroom bill. The bill requires transgender people to use bathrooms and locker rooms that correspond to their sex at birth rather than the gender with which they identify.   In a lengthy order filed in the U.S….

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