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BT Currents - Hot Topics in Employment Law

22 Sep Teacher’s ADA, Age Discrimination Claim Given New Life by Sixth Circuit

  A school district’s decision to eliminate a teacher’s position while the teacher was out on Family Medical and Leave Act (FMLA) leave may have been pretext to disability discrimination, according to the U.S. Court of Appeals for the Sixth Circuit.   While on approved FMLA leave, a high school economics teacher was notified by the school’s principal that the economics position would be one of several eliminated due to budget cuts. All teachers in the eliminated positions received notices that their contracts would be…

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31 Aug Lessons Learned: As Flu Shot Season Approaches, Inflexible Rules Can Cause Accommodation Headaches

  It’s the end of summer. Our children are returning to school, the evenings are turning a bit cool and hospitals are educating their workforces on mandatory flu vaccination programs.   Each year at about this time, we look to recent court decisions for guidance on how best to balance a hospital’s interest in protecting its patients (among other things) with a healthcare worker’s sincerely held religious belief that conflicts with the hospital’s requirement that its employees  get the flu vaccine.   Last summer, I…

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30 Aug OMB Immediately Stays Revised EEO-1 Form, Including Pay Data Collection

  In a move that affects every U.S. business with 100 or more employees (and federal contractors with 50 or more employees), the federal Office of Management and Budget (OMB) has leveraged the Paperwork Reduction Act (PRA) to direct the EEOC to immediately stay the effectiveness of the EEO-1 form issued Sept. 29, 2016, that included new data requests for wages and hours worked.   For fiscal year 2017, businesses will use the previously approved EEO-1 form to comply with reporting obligations that track race/ethnicity…

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17 Aug Seventh Circuit Says EEOC May Press on With Enforcement Efforts After Right-to-Sue

  In a matter of first impression for the U.S. Court of Appeals for the Seventh Circuit (which covers Wisconsin, Illinois, and Indiana), the Court considered whether the EEOC’s authority terminates upon its issuance of a “right to sue” letter or the dismissal of a subsequent lawsuit on the merits. The Court’s decision in EEOC v. Union Pac. R.R. Co., arose out of the EEOC’s efforts to enforce a subpoena in a matter in which a “right to sue” letter had been issued (after the…

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08 Aug Sexual Orientation: DOJ and EEOC Take Opposite Positions in Amicus Briefs Filed in Same Case

  In a bizarre twist, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) have each filed amicus briefs on opposite sides of a sexual orientation discrimination case involving Title VII. Since 2013, the EEOC has consistently taken the position that Title VII prohibits sexual orientation discrimination.   As we have covered in past posts, there have been a number of recent decisions regarding whether Title VII’s prohibition against sex discrimination also prohibits discrimination on the basis of sexual orientation. In particular, the…

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