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The Legal Stuff
BT Currents - Hot Topics in Employment Law

07 Jun Telecommuting as an ADA Accommodation

Stop me if you’ve heard this one: an employee calls in to work, states she has a medical condition and can’t come in to work but says she can still do her job from home.   You have your doubts about how much work will get done from home. But you know that the Americans with Disabilities Act (ADA) obliges an employer to provide a reasonable accommodation for a qualified, disabled employee that will enable her to perform the essential functions of the job. And…

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06 Jun Employers Need Not Tolerate Workers Screaming On the Electronic Street Corner Terminating Employees For Offensive Remarks On Social Media

Over the last few days, the news media have widely covered Bank of America’s decision to fire one of its employees for posting this on the employee’s personal Facebook page:   I hate Facebook for this reason you f***ing n****rs.  And yes, if [you] can call each that well I can too.  ‘F***ing n****r go back to Africa. Get over your pity party. You created this hatred and your own kind that brought your great-great-parents [sic] over here and sold them.  ‘Do something with your…

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03 Jun EEOC Plows Ahead on Obama’s Initiatives. Next Up: National Origin Discrimination

As President Obama’s second term heads toward the finish line, the Equal Employment Opportunity Commission (EEOC) unveiled its latest initiative on June 2 – this time focusing on employment protections for victims of national origin discrimination.   According to the EEOC, national origin discrimination, more than any other protected class, overlaps with other forms of discrimination, particularly race, color and religion. These intertwined factors create sticky legal issues for employers where, for example, Title VII requires employers to accommodate certain religious practices but there is…

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03 Jun The Seventh Circuit Rejects Class & Collective Action Waivers In Arbitration Agreements

During the last few years, employers have taken comfort in a slew of court decisions that have held – in some form or another – that an arbitration agreement can waive the right to bring a class or collective action. For example, in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), the U.S. Supreme Court found that the Federal Arbitration Act (FAA) preempted state law – and specifically California law – which had expressly prohibited class action waivers. The Supreme Court recently cemented that ruling…

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24 May SCOTUS Rejects a Rule Neither Employers nor Employees Wanted: Green v. Brennan Decision

In Monday’s Green v. Brennan ruling, the U.S. Supreme Court decided that the limitations period for constructive discharge runs from the date the employee gives notice of the intent to resign. The 7-1 outcome was not a surprise following the questioning by the justices during oral arguments. The justices held that the filing period begins when an employee resigns as a result of discriminatory behavior, not when an employer creates an environment so adversarial that an employee feels forced to resign, previously ruled in 2014…

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