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BT Currents - Hot Topics in Employment Law

18 Mar New York City Cares – “Caregivers” Become Protected Employees

  New York City is protecting those who care for others. Effective May 4, an amendment to the New York City Human Rights Law will make “caregivers” protected employees. Under the amended law, New York City employers with four or more employees will be prohibited from taking adverse employment actions, including firing or refusing to hire, as well as from discriminating against an individual because of actual or perceived “caregiver status.”   The amended law is expansive for a number of reasons, in particular the…

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09 Mar EEOC Continues Visible Stance on Sexual Orientation Discrimination Protection

  As predicted by many, 2016 will likely be a year the Equal Employment Opportunity Commission (EEOC) will continue its push for the expansion of the rights afforded pursuant to Title VII of the Civil Rights Act of 1964.   This month, the EEOC filed its first two lawsuits accusing employers of gender bias for discriminating against employees on the basis of sexual orientation. Specifically, both cases allege employee harassment on the basis of sexual orientation, in addition to retaliation. There are many local and…

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07 Mar Survey Says: Paternity Leave Significantly Lags Maternity Leave in Ohio (and other good information)

  Barnes & Thornburg’s Ohio office is a member of the Employers Resource Association (ERA). ERA has been doing a monthly survey of its member employers and publishing a nifty infographic of the results that they have allowed us to share with our readers. One recent infographic compares employers’ maternity and paternity leave policies, underscoring the marked difference.  Forty-two percent of companies reported offering a maternity leave policy, while only 15 percent had a paternity leave policy.  Likely, many of those companies not reporting a policy are…

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04 Mar Should Charging Parties Read Your Position Statement? EEOC Says Yes.

  The EEOC is implementing nationwide procedures that will disclose employer position statements – submitted in response to charges of discrimination – to charging parties and their attorneys upon request during the course of the EEOC’s investigation of the charge.   If the employer’s position statement is provided to a charging party, there is a 20-day period for the charging party to provide a response to the EEOC, but that response will not be provided to the respondent/employer during the investigation, according to a summary…

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01 Mar How to Respond to a Subpoena Regarding One of Your Employees

  From time to time, an employer will be served with a subpoena for information relating to one of its employees. Most commonly, this is in the context of a domestic dispute in which the employee is involved. A subpoena imposes a legal obligation on the organization receiving it and it is important that it be treated accordingly. Failure to properly respond can result in fines or other sanctions for contempt of court.   Here are some basic steps to help your company respond to…

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