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BT Currents - Hot Topics in Employment Law

22 Jun Does Being “Perceived As” Muslim Support A Title VII Claim? One Court Says Yes

Readers will know that the Americans with Disabilities Act (ADA) is distinctive among discrimination statutes in that it protects not only people who are disabled but also those regarded as disabled, as discussed here and here.  The foundation of a Title VII sex discrimination in the language “because of sex” also creates potential gray areas as to exactly who the law protects.  Generally, however, a person either is in a protected class or is not.   This recent case from a Michigan federal court flags…

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19 Jun Do Not Seek DNA Information From Employees…

Do not seek DNA information from employees … even for non-discriminatory purposes. That seems to be the lesson learned from a recent federal court decision in Georgia.  A food distribution company in Atlanta, Atlas Logistics, requested several employees to submit to cheek swab genetic tests when human feces deposits were repeatedly discovered in one of its warehouses. Although the offender(s) were not identified by the genetic tests, a forklift operator and a deliveryman who submitted to the testing later sued under the federal Genetic Information…

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18 Jun Zoo Fires Employee For Social Media Comment About Serving “Rude A** White People”

In suburban Chicago, the Brookfield Zoo has fired one of its employees for complaining in a social media post about having to serve “rude a** white people.”  The employee posted an Instagram selfie, which she then shared to Facebook, in which she is wearing her Brookfield Zoo uniform and in which she tagged the location as the Brookfield Zoo.   The post went viral, being shared over 6,000 times and receiving approximately 20,000 likes.  Hundreds of customers complained to the zoo and called for the…

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17 Jun Medical Marijuana Users Get Smoked by High Court of Colorado

Becoming the first state to decide the much-anticipated issue, the Colorado Supreme Court unanimously held that a statute barring the termination of workers for engaging in lawful activities outside of work does not prevent employers from firing an employee for failing a drug test, despite having a state license to smoke marijuana for medical purposes. The reason: smoking marijuana is still unlawful under federal law. The case, Coats v. Dish Network, can be found here.   The plaintiff – a quadriplegic customer service representative for…

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17 Jun EEOC Targets Minnesota Company For Alleged Transgender Discrimination

Through its 2012 Strategic Enforcement Plan (SEP), the EEOC had made it a top priority to target employer-discriminatory conduct directed at “lesbian, gay, bisexual and transgender employees.” In accordance with the SEP, the commission last week filed a lawsuit against Deluxe Financial Services, a Minnesota-based printing and financial services company. The EEOC alleges that Deluxe discriminated against Britney Austin, a longtime employee who recently began presenting as a woman. According to the complaint, Deluxe would not allow Ms. Austin to use the women’s restroom and…

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