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BT Currents - Hot Topics in Employment Law
Settlement

05 May Avoiding the Danegeld: Discouraging Me-Too Claims Following a Settlement

  A thousand years ago, Viking warriors would invade a town and threaten to destroy it if the townsfolk did not pay a tax called a “Danegeld” (meaning to pay the Dane gold). Of course, once the town paid the Danegeld tax, the Vikings saw the town as an easy mark – one to which they would return to and demand payment all over again. Essentially, this was the Middle Ages equivalent of a mobster shakedown: promising to “protect” your property to make sure nothing…

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01 May Lessons Learned: Job Descriptions Do Matter

  When was the last time you reviewed the job descriptions of your employees?  At the time of the review, did you ask supervisors to review the job descriptions to see if they were accurate?  What about the employees – did you have each employee review and sign the applicable job description, acknowledging that it accurately described the job duties as performed by the employee?  While there is no legal requirement to regularly update job descriptions (or even to have them), the 11th Circuit’s decision…

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19 Apr Court Tells Skydiver’s Estate It Won’t Reconsider Title VII Claim

  On April 18, the U.S. Court of Appeals for the Second Circuit declined to reconsider the estate of deceased skydiver Donald Zarda’s Title VII claim against former employer Altitude Express. Zarda filed suit claiming his employment was terminated because of his sexual orientation. Although his New York state law claim was explicitly based on sexual orientation, his Title VII claim was characterized as a sex discrimination claim.   The U.S. District Court for the Eastern District of New York granted summary judgment to Altitude…

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13 Apr Minnesota Human Rights Act’s Statute of Limitations Tolls When Employer Investigates Discrimination Complaints

  The Minnesota Human Rights Act (MHRA) requires an individual to either commence a civil action or file a charge with the Minnesota Department of Human Rights (MDHR) within one year after the occurrence of an unlawful discriminatory act. However, that one year time period is suspended when the individual and the employer voluntarily engage in a dispute resolution process. The statute states that a “dispute resolution process” can include arbitration, conciliation, mediation or grievance procedures.   Most employers have believed the statute of limitations…

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11 Apr Suspending Employee Who Hit Boss With Vehicle Not Retaliation

  In a rather unusual case, the U.S. Court of Appeals for the Fifth Circuit Court ruled that the U.S. Postal Service (“Postal Service”) did not retaliate against an employee when it suspended him for two days after he hit his supervisor with a postal vehicle.   Javier Cabral, a letter carrier for the Postal Service, filed three different Equal Employment Opportunity Commission (“EEOC”) complaints and several union grievances alleging discrimination, harassment and retaliation. Cabral ultimately sued the Postal Service, alleging hostile work environment, harassment,…

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