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BT Currents - Hot Topics in Employment Law

14 Sep Rollercoaster Week for EEOC Regarding Background Checks

Last week started poorly for the agency often criticized as overly aggressive, as a federal judge in Maryland ordered the EEOC to pay attorneys’ fees of nearly a million dollars for overplaying its hand. In EEOC v. Freeman, the agency sued a corporate events company for its background check policies, charging that those checks had a disparate impact on minorities. The problem arose when the EEOC brazenly pushed ahead with its case even after its alleged statistics expert’s report was thoroughly debunked by Fourth Circuit…

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11 Sep Teacher’s Online Rants About Students Are Not Protected By First Amendment

In Munroe v. Central Bucks School District, the Third Circuit recently upheld summary judgment for a school district, high school and superintendent in a First Amendment retaliation case filed by a former teacher. Natalie Munroe, a former English teacher at Central Bucks East High School near Philadelphia, maintained a personal blog. Although most of her posts focused on uncontroversial topics such as recipes and vacations, several of her posts were highly critical of her students and coworkers.   Munroe opined that she wished she could…

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11 Sep Obama Executive Order Mandates Broadly Defined Paid Sick Leave for Federal Contractors

On Sept. 7, President Barack Obama issued an Executive Order directing that all new federal procurement contracts contain a clause specifying that all employees whom perform work under a federal contract or subcontract shall earn not less than 1 hour of paid sick leave for every 30 hours worked. Significantly, the Executive Order also contains a broader definition of “paid sick leave” than employers customarily have provided.   Under the Executive Order, paid sick leave includes not only absences due to physical or mental illness,…

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04 Sep Second Circuit Clarifies Viability of Retaliation Claim Under Section 1983 For Having Complained of Discrimination

Recently, the U.S. Court of Appeal for the Second Circuit, resolved confusion surrounding the viability of retaliation claims under 42 U.S.C. § 1983, clarifying that a plaintiff can bring an action under Section 1983 for retaliation based on complaints of discrimination. In the case at issue, Vega v. Hempstead Union Free School District, plaintiff was a bilingual high school teacher with many years of service, who alleged discrimination based on his “Hispanic ethnicity” and retaliation under Title VII and Section 1983 against the school district,…

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03 Sep Choose Your Words Wisely

In Figueroa v. Village of Melrose Park, a former female probationary officer filed a lawsuit alleging gender and race discrimination. Of relevance to this post, the plaintiff’s police chief expressed concern that she would be a liability because the plaintiff would be unable to defend herself in a confrontation with a “200-pound man.” In denying summary judgment, the district court held that this remark amounted to direct evidence of gender discrimination. While some may argue that the remark was nothing more than a “real world”…

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