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The Legal Stuff
BT Currents - Hot Topics in Employment Law

24 Nov The Viral Spiral: How An Employee’s Facebook Post Dragged Her Employer Into A Social Media Controversy

  Instances of deplorable racism have sparked recent protests on the University of Missouri’s campus. Not surprisingly, these protests have received a significant amount of media attention. On Nov. 13, 2015, however, the world’s attention shifted to the horrific terrorist attacks in Paris. We have since been inundated with 24-hour news coverage on developments related to the war on terror.   Following the Paris attacks, the Washington Times released a story explaining how University of Missouri protestors had taken to Twitter to express disappointment with…

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GINA Compliance

24 Nov It’s Time to Give Your Employee Wellness Programs a Check-Up to Ensure Compliance with GINA

  The U.S. Court of Appeals for the Fifth Circuit recently provided employers with some food for thought in considering their employee wellness programs in relation to the Genetic Information Nondiscrimination Act (GINA). In Ortiz v. City of San Antonio Fire Dep’t. (SAFD), the collective bargaining unit allowed for a mandatory wellness program for all SAFD employees. As part of SAFD’s mandatory requirements, all uniformed employees were required to submit to a “job-related medical evaluation,” which included a physical exam; blood and urine tests; and testing…

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23 Nov Federal Court Allows ADEA “Pattern-or-Practice” Claim to Proceed

Earlier this week, a federal district court in Florida allowed the Equal Employment Opportunity Commission’s (EEOC) pattern-or-practice discrimination claim against a national restaurant chain to proceed (EEOC v. Darden Restaurants, Inc.). The EEOC brought its lawsuit against Darden Restaurants, Inc., alleging the company had hiring practices that favored younger applicants over those who were older, and that such practices violated the Age Discrimination in Employment Act (the ADEA). In support of these allegations, the agency relied on data showing Darden’s hiring of individuals over 40-years-old…

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21 Nov Breaking News: Refusing to Allow an Employee to Rescind His Or Her Voluntary Resignation Can Get You Sued

Here is the scenario. Your employee decides to voluntarily resign. She gives plenty of notice. Before her scheduled end date, the employee provides information relevant to a sexual harassment investigation involving her supervisor. Before the scheduled end date, the employee tries to rescind her employment. The supervisor refuses. Here’s the question: Is the refusal to allow the employee the opportunity to rescind her resignation an “adverse employment action” for purposes of a retaliation claim?   It could be, at least according to the Fifth Circuit Court of Appeals. A similar scenario played out…

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20 Nov EMOJI-GOSH! How Emojis in Workplace Communications Can Spark A Lawsuit (Or Make It Harder To Defend One)

Emojis. They are the colorful cartoon images that are built into nearly every mobile device. They are hugely popular. At this very moment, thousands of communications containing these images are bouncing off satellites. In fact, they are so prevalent that an emoji has taken the title of Oxford Dictionaries’ “Word of the Year.” Yes, you read that correctly. An emoji – not a word – was handed this year’s title.   Why should this craze be of interest to employers? Well, we will set the…

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