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The Legal Stuff
BT Currents - Hot Topics in Employment Law

01 Jun Colorado ACLU Posts Settlement Agreement Providing for Place to Breastfeed

We have written here before about the still relatively new Department of Labor rules providing that breastfeeding women must be provided with a private place – not a bathroom – to express milk for up to one year after childbirth.  Because of the relative newness of these rules, and the fact that in small workplaces it can take some rearranging to comply, these obligations are not yet intuitive for some employers.   Last week a settlement between a former employee and a beauty salon was…

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29 May Are You Ready for OSHA’s Revised Hazard Communication Deadline – June 1, 2015?

  The Occupational Safety and Health Administration’s (OSHA) revised Hazard Communication Standard (HCS) compliance deadline of Monday, June 1, 2015, is fast approaching. The revised standard was effective in 2012, but it has staggered compliance deadlines for various aspects of the regulations over the years.   Employers were required to train their employees on the new labeling elements as well as the new standardized safety data sheets by Dec. 1, 2013. The deadline for chemical manufacturers, importers and distributors to comply with new hazard classifications…

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28 May Transgender Status in the Workplace – First an EEOC Issue and Now an OSHA Issue?

Transgender status has been all over the news lately. As many of you saw on 20/20, Bruce Jenner publicly announced his gender transition to a woman in late April. We have also covered the various cases that have addressed transgender discrimination in lawsuits brought by the EEOC as well as individuals since late 2014. Most recently Saks & Company settled a controversial transgender discrimination case back in March. We are aware of EEOC’s position on this issue – that gender identity discrimination is covered by…

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27 May Getting What You Don’t Ask For – The Perils Of ADA Accommodation By Inference

A case out of the federal court of Maine provides a useful reminder that employers cannot put blinders on when it comes to the ADA and requests for accommodation. The case, Heath v. Brennan (Case No. 2:13-cv-386-JDL), involved a long-time postal employee who developed tendinitis in the early 1990s, forcing him to wear arm braces at work. His co-workers teased him about the arm braces, which ranged from the mild (“gave him a hard time”) to the salacious (“he needed the braces because he had…

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26 May This Should Go Without Saying: Replacing an Older Worker with Two Younger Workers is Not Consistent with a Reduction in Force Defense

A recent case from a Chicago federal court is a good reminder that just because you can make a particular argument in defense of a lawsuit doesn’t mean that you should. In Summers v. Electro-Motive Diesel, Inc., Case No 13C1312 (N.D. Ill. May 19, 2015), an employee who had worked for her employer for 40 years was fired, along with a number of other employees. The employee sued for age discrimination. As a reminder, employees must meet the high standard that “but for” their age,…

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