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BT Currents - Hot Topics in Employment Law

10 Jun Court Says Advice From Counsel is Affirmative Defense to Tortious Interference Claims in Minnesota

Earlier this year, the Minnesota Supreme Court recognized as an affirmative defense the reliance upon legal advice in defending against a claim of tortious interference with a contract. In Sysdyne Corp. v. Rousslang, et al., No. A13-0898 (Minn. Mar. 4, 2015), the former employer (Sysdyne) brought a claim against the hiring company (Xigent Solutions), alleging tortious interference after it hired its former employee (Brian Rousslang) who had a non-competition agreement with Sysdyne.  Sysdyne also brought claims against Rousslang, alleging violation of his non-competition agreement with…

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04 Jun In California, You Can’t Pick Your Supervisor

A California appellate court recently held that an employee diagnosed with an adjustment disorder triggered by stress caused by her supervisor’s standard oversight of her job performance is not disabled under the California Fair Employment and Housing Act (FEHA). Higgins-Williams v. Sutter Medical Foundation, 2015 Cal.App.LEXIS 455 (May 26, 2015). Coming as quite a surprise and coup to employers, the court rejected the current Californian trend of expanding protection of employees unable to work due to medical conditions.   Employed as a clinical assistant, plaintiff Michaelin…

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02 Jun Abercrombie Decision: What’s next for employers?

The Supreme Court scored a victory for the EEOC yesterday, and, notably, for religion. The court’s majority decision emphasized that religion is a protected class that requires “favored treatment.” The decision also underscores that religious practices are equivalent to one’s religious beliefs, and are accorded the same protection.   Although the court could have limited its decision to the facts of this particular case (as did Justice Alito in his concurring opinion), it rejected the employer’s view that disparate treatment requires an employee to prove…

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01 Jun EEOC Wins Big at Supreme Court on Religious Accommodation Case

This morning, the U.S. Supreme Court handed the EEOC a victory over national retailer Abercrombie & Fitch on a question of religious accommodation.   The court addressed whether an employer must have actual knowledge of an applicant’s need for a religious accommodation to violate Title VII. By a vote of 8-1, the high court said, “no.”   It started when Abercrombie did not hire a woman who appeared for her interview wearing a headscarf, which would have violated the clothing store’s strict dress code. The…

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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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