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The Legal Stuff
BT Currents - Hot Topics in Employment Law

22 Jul North Carolina Governor Keeps ‘Bathroom Bill’ Mostly Intact, Pending Court Review

  As a follow-up to my previous post about transgender bathroom access in the workplace, earlier this week, on July 18, North Carolina Governor Pat McCrory signed into law a revised ‘bathroom bill’ that leaves intact the provisions that sparked national controversy by limiting protections for transgender people.   The bill was revised to restore workers’ ability to use state law, and not just federal law, to sue for employment discrimination. However, it leaves intact the provisions that require transgender people to use public bathrooms…

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21 Jul OSHA Announces Delay in Non-Discrimination Provisions, Higher Fines Still Coming in August

  As we have previously covered in a recent blog post, the Occupation Safety and Health Administration’s (OSHA) new electronic recordkeeping rules also contain controversial anti-retaliation provisions which originally would have been effective on Aug. 10, 2016, for federal OSHA states (and up to six months later in state plan states). Last week, OSHA announced that it was delaying the enforcement until Nov. 1, 2016, of the new provisions which also include prohibitions on blanket post-accident drug testing policies and safety incentive programs.   One…

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20 Jul Classic Conundrum: Protecting Employees from Themselves

Last week, the EEOC filed a lawsuit against a furniture company in North Carolina for firing a pregnant employee, allegedly because her job involved using potentially dangerous chemicals.   According to the EEOC’s regional attorney in Charlotte, North Carolina, “pregnant women have the right to make their own decisions about working while pregnant, including the risks they are willing to assume. Companies must not impose paternalistic notions on pregnant women, as doing so can result in unlawful discrimination.”   In the case filed against RTG…

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15 Jul 10th Circuit ADA Ruling Drives Home the Importance of Written Job Descriptions

  A cancer survivor’s Americans with Disabilities Act (ADA) lawsuit against a prospective employer was rejected this week by the U.S. Court of Appeals for the 10th Circuit in Kilcrease v. Domenico Transportation Co. The case involved a truck driver who, after successfully overcoming cancer, applied for work with a trucking company, Domenico Transportation. The job required applicants to (1) hold a Class A commercial driver’s license, (2) have three years of recent and verifiable mountain driving (the company is located in Colorado), (3) have…

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14 Jul Posting a Resume is Now Required in Illinois to Receive Jobless Benefits

  Jobseekers in Illinois who apply for unemployment benefits on or after July 17, 2016, will have to register for employment services and post at least one resume to the state’s job search website before they can receive unemployment payments (unless an exemption applies), according to the Illinois Department of Employment Security (IDES).   Although the IDES is characterizing its announcement as a “reminder” that applicants for unemployment insurance benefits must show they are looking for work by registering for employment services, the requirement to post…

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