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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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25 May 2017 Need to Check an Employee’s Criminal Background? Tread Carefully

  Federal laws do not prohibit employers from asking about a job applicant’s criminal history. But equal employment opportunity (EEO) and federal laws prevent employers from discriminating against job applicants on the basis of this information. The Equal Employment Opportunity Commission (EEOC) has guidelines that establish the following rules:   Title VII of the Civil Rights Act prohibits employers from treating people with similar criminal records differently because of their race, national origin, color, sex or religion Title VII also prohibits employers from using policies…

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06 Jun 2016 Employers Need Not Tolerate Workers Screaming On the Electronic Street Corner Terminating Employees For Offensive Remarks On Social Media

Over the last few days, the news media have widely covered Bank of America’s decision to fire one of its employees for posting this on the employee’s personal Facebook page:   I hate Facebook for this reason you f***ing n****rs.  And yes, if [you] can call each that well I can too.  ‘F***ing n****r go back to Africa. Get over your pity party. You created this hatred and your own kind that brought your great-great-parents [sic] over here and sold them.  ‘Do something with your…

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09 Dec 2015 EMPLOYERS: The #ElderlyChristmasSongs Hashtag Is Trending On Twitter

We have posted numerous blogs discussing the need for employers to stay on top of what is trending on the Internet. Why? Because trending topics can sometimes lead to controversial discussions that might not be consistent with an employer’s EEO Policy. As a result, we explained that it would be prudent to understand what may be the current topic being discussed around the watercooler.   Here is a follow up to those posts. The #ElderlyChirstmasSongs hashtag is currently trending on Twitter. What is the relevance…

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13 Nov 2015 Casual Friday: Make Sure Your Employees Keep it Classy

Casual Friday.  It’s a day of the week many employees are allowed to “dress down” a bit in anticipation for the weekend.  And many employees like to get a bit “festive” during the holiday season.   Well, the Internet is slightly annoyed right now.  A large national retailer has decided to start selling a sweater bearing the slogan:  “OCD:  Obsessive Christmas Disorder.”  While probably well intentioned, some people don’t think it’s funny to make light of obsessive compulsive disorder.  And if people are taking to…

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11 Nov 2015 DO IT FOR THE VINE! How This Week’s Viral Social Media Trend Can Spark Legal Liability in the Workplace

Consider the following scenario: Sharon is the owner of a very successful restaurant in Florida. Sharon’s establishment employs around 20 individuals. Most of her employees are between 18 and 22 years old. In May 2015, Sharon hired Joseph as a server. Joseph is a disabled 38 year old whose medical condition requires that he wear special orthopedic shoes.   Sharon began noticing an annoying pattern of behavior during the first week of July. Several of her younger employees working in the back stock-room would frequently…

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03 Sep 2015 Choose Your Words Wisely

In Figueroa v. Village of Melrose Park, a former female probationary officer filed a lawsuit alleging gender and race discrimination. Of relevance to this post, the plaintiff’s police chief expressed concern that she would be a liability because the plaintiff would be unable to defend herself in a confrontation with a “200-pound man.” In denying summary judgment, the district court held that this remark amounted to direct evidence of gender discrimination. While some may argue that the remark was nothing more than a “real world”…

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23 Mar 2015 3 Types of Associational Discrimination Claims

Most employers (we hope) are well aware that the Americans with Disabilities Act prohibits discrimination against “qualified individuals with a disability.” Nevertheless, many employers may not realize that the ADA also protects applicants and employees from discrimination based on their relationship or association with an individual who has a disabling condition. Generally speaking, there are three types of associational discrimination claims:   “Expense” discrimination Employer fears that association with disabled person will be costly to the employer.   “Disability by association” A relationship with a…

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