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The Legal Stuff
BT Currents - Hot Topics in Employment Law

29 Sep The Gradual But Decided Shift to a Much More Complex World of Employment Law

  On Oct. 4, my colleagues (and fellow Currents bloggers) Jeanine Gozdecki and Doug Oldham will be presenting a program focused on increasing complexity in the employment law arena. Employment law accelerated in the 1960s when Title VII of the Civil Rights Act was passed, as well as many similar state discrimination laws. At that time, things seemed pretty cut and dried – treat people equally to avoid liability. Many factors have made the world of employment law far more complicated since then:   The number of protected…

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24 Aug Massachusetts Law Latest to Bolster Protection for Pregnant Employees

  On July 27, Massachusetts Gov. Charlie Baker signed the Pregnant Workers Fairness Act, which amends the state’s antidiscrimination law to include pregnancy and pregnancy-related conditions, such as breastfeeding, as protected classes. The new law, which goes into effect on April 1, 2018, also requires employers to provide pregnant employees and new mothers with reasonable accommodations unless such accommodations would cause the employer undue hardship.   Potential accommodations identified in the statute include: more frequent or longer breaks paid or unpaid leave to recover from…

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22 Aug Ohio House Proposes Hurdles to Hiring Process

  The Ohio House has proposed a bill designed to protect the privacy of employment applicants, but the bill also could making hiring more cumbersome for employers.   House Bill 187 provides that no employer may request an applicant’s Social Security number, date of birth, or driver’s license number before making an offer of employment. This language is problematic for employers, because these are pieces of information an employer uses to check criminal records, driving history, credit history, and history of previous employment with the…

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30 Jun ‘Bona Fide Relationships’ Under Trump’s New Travel Ban: Who’s In and Who’s Out?

  The U.S. Supreme Court made headlines on June 26 when it partially mandated aspects of Trump’s notorious “travel ban” barring immigrants from select countries from entering the United States. In a lengthy opinion, the court provided that people seeking visas from six restricted countries – namely Iran, Libya, Somalia, Sudan, Syria and Yemen – would be temporarily barred from entering the United States unless they can claim a “bona fide relationship” with a person or entity in the United States. This uncertain description of…

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09 Jun Lessons Learned – Engaging in Protected Activity Does Not Shield An Employee From Termination

  Navigating the FMLA, the ADA, and a myriad of state laws poses challenges for even the most knowledgeable HR professional. But as one court recently reminded us in Ibewuike v. The Johns Hopkins Hospital, employers can hold employees accountable for misconduct (such as violating leave policies) unless of course, it would be reasonable, under the facts and circumstances of the particular situation, to excuse the misconduct.   In Ibewuike, the employee applied for leave under the FMLA in connection with the anticipated birth of…

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