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BT Currents - Hot Topics in Employment Law

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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11 Jul More Flu Vaccine News – EEOC Alleges Hospital’s Mandatory Flu Vaccine Policy Violates Title VII

  As summer temperatures soar, one might think the last thing to worry about is the upcoming flu season. And while that may be true in most respects, the flu is on the minds of the Equal Employment Opportunity Commission (EEOC). A lawsuit filed by the EEOC sheds light on the issue for healthcare employers who impose mandatory flu vaccine requirements on employees as a condition of continued employment.   The EEOC alleges in EEOC v. Mission Hospital, Inc. – a lawsuit that includes class…

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08 Jul Court Provides Roadmap for Managing ‘Intolerable’ Behavior From Employee with Disabilities

  What is an employer to do when a long-standing employee with a known anxiety disorder engages in a public display of suicidal gestures and disruptive behavior? Don’t act in haste, but if careful consideration of the situation leads to a termination, the decision-making process may withstand scrutiny in court.   That’s the outcome in a recent ruling from the Seventh Circuit Court of Appeals in Felix v. Wisconsin Dept. of Transportation, which provides a thorough and detailed analysis of a challenging situation involving an employee…

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