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BT Currents - Hot Topics in Employment Law

03 Dec EEOC Issues Additional Guidance on Job Rights for Employees with HIV

Employee Health Issues, Employment Discrimination | Doug Oldham

The Equal Employment Opportunity Commission (EEOC) issued two separate guidance documents this week addressing employees with HIV. The first of the two documents, “Living with HIV Infection: Your Legal Rights in the Workplace Under the ADA,” is aimed at employees with HIV.  The document assures employees that, for the most part, they have the right to keep their condition confidential, but that they might have to disclose the condition if they are seeking reasonable accommodation, are being evaluated for eligibility for certain employee benefits or…

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30 Nov Do You Even Lift, Bro? How A Case Of Seemingly Innocent Workplace Bullying Can Blindside Your Company With A Title VII Lawsuit

Employment Discrimination | BT Currents

  Is there anything wrong with a group of employees teasing a male co-worker because he doesn’t like sports? Well, the answer is obvious: of course. Employees should always treat co-workers with respect. But is this conduct unlawful? The answer to this question may surprise you.   Let’s kick off this blog post by discussing two recent federal court cases that shed light on this issue. First up is Woods v. Boh Brothers. In this case, Kerry Woods was employed by Boh Brothers as welder….

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30 Nov Bad Moon On The Rise: California’s New Fair Pay Act

Employment Discrimination | Scott Witlin

  Decrying a gender wage gap, the California Legislature has enacted amendments to the state’s pay equity law that could potentially rewrite how pay discrimination cases are litigated in the Golden State. Prior law was modeled after the Federal Equal Pay Act, wherein an employer could look at the incumbents holding the same positions to assess whether men and women are paid equally, taking into account skill and experience. That regime proved too straight forward for Californians.   In its place the legislature has enacted…

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25 Nov New Year, New Laws: Expanding California’s Fair Employment and Housing Act

Employment Discrimination | BT Currents

  Effective as of Jan. 1, 2016, an employee’s request for an accommodation for a disability or for religious reasons will be considered to be “protected activity” for a retaliation claim under the Fair Employment and Housing Act (FEHA) – further muddying the employment waters in California.   Assembly Bill 987, which was signed into law by Governor Jerry Brown on July 16, amends the language of the FEHA to prohibit an employer from retaliating or otherwise discriminating against a person for requesting accommodation of…

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25 Nov Holiday Pay and the Family Medical Leave Act

Employee Health Issues | BT Currents

  As we enter into the holiday season, questions often arise regarding an employer’s obligation to pay an employee on FMLA leave for holidays. Surprisingly, the answer is relatively straightforward: treat that employee in the same manner you would treat an employee on a non-FMLA leave. According to the FMLA Regulations:   [a]n employee’s entitlement to benefits other than group health benefits during a period of FMLA leave (e.g., holiday pay) is determined by the employer’s policy for providing such benefits when the employee is…

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