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BT Currents - Hot Topics in Employment Law

30 Jul The South May Rise Again Someday, But Not In Your Workplace

The recent debate over the South Carolina State House’s flying of the Confederate flag has stirred up a great deal of controversy. Most Americans believe the flag is a symbol of bigotry and oppression and demanded the immediate removal of the symbol of the Confederacy. A small vocal minority of Americans, however, have rallied around the Stars and Bars, claiming it stands not for racism, but instead for Southern heritage and pride. Many in this group of supporters, both in the South and around the…

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30 Jul Silencing the Lion King

By now you may have heard of Dr. Walter Palmer, the Minnesota dentist/hunter who has risen to global infamy for allegedly shooting Cecil the Lion. What you may not have heard is the recent revelation in the news that he was sued by a former employee for sexual harassment and that he settled out of court for $127,500. According to news reports, the good (or not so good depending on your point of view) doctor is reputed to have settled the case to resolve it…

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27 Jul Employee Can’t Count to 15 Under ADA Using Volunteers or Other Companies’ Employees

  One of the most significant ongoing type of employment issues is the treatment as employees of individuals the employer thought were not — interns are found to be entitled to back wages, nominal independent contractor status is repeatedly challenged in court and temporary agency workers are at risk of being treated as the customer’s employees as well.  Workers found to be employees are entitled to the protections of the various employment laws.   A secondary but sometimes equally important implication of employee status is…

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22 Jul Enhanced Discrimination Protections Potentially on the Horizon for Federal Employees

The U.S. House of Representatives has approved a bill (H.R. 1557) that would afford additional anti-discrimination and anti-retaliation provisions to federal employees.  H.R. 1557, introduced in March of this year and titled the Federal Employee Antidiscrimination Act of 2015, amends the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, placing stringent requirements upon federal agencies to be transparent and accountable when investigating and rectifying complaints of discrimination or retaliation. The bill passed by a landslide in the House of Representatives this week, with…

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21 Jul UPS’ Employment Policies Come Under Scrutiny, Again

Last week, the Equal Employment Opportunity Commission (EEOC) filed a class action lawsuit against the United Parcel Service (UPS), claiming that the company had repeatedly failed to accommodate certain religious beliefs. Specifically, the complaint alleges that since 2004, UPS has refused to hire or promote certain individuals whose religious practices conflicted with the company’s dress code. Under UPS’ dress policy, male employees who either have a supervisory position or who have customer contact are not allowed wear beards or grow their hair below their collars….

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