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BT Currents - Hot Topics in Employment Law
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04 Dec 2017 Holiday Road – Avoiding Potholes in Holiday Parties

  Well, it’s already December (where did the year go?) and we’re all thinking about the most wonderful time of year – cutting out early and going to office parties! Parties are a great way to reward staff, celebrate accomplishments, foster teamwork, and create the foundation for another great year. What could possibly go wrong?   The annual holiday party is rife with traps for the unwary:   What’s in a Name?   For starters, what do you call the event? How about a “Christmas…

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30 Apr 2015 Paradigm Shift: Triple Standard of Reasonable Accommodations

The old reliable rules seem less reliable these days. It is no longer enough to treat all employees the same. We have entered an era of interactive processes, individualized assessments and reasonable accommodation.   The term “reasonable accommodation” flows most easily in connection with the Americans with Disabilities Act, as we note its 25th anniversary.  But, as a reminder, it also applies to the religion clause of Title VII and now, thanks to a recent U.S. Supreme Court decision, we need to consider it in…

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19 Sep 2014 Jehovah’s Witness’s Claims Highlight Employer Need to Manage Workplace Religion Issues LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

  A “split decision” on a Jehovah’s Witness’s claims against his university employer serves as a good refresher for employers on the issues they must be aware of in dealing with employee religious issues.  For this week’s letter of the law, J is for Bernard Westbrook, the Jehovah’s Witness who brought these claims.  The decision from a federal district court in North Carolina can be found here.   Bernard Westbrook was first employed by North Carolina A&T University in 1994, and first began working for…

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21 Dec 2012 Employees’ Requested Religious Accommodations Must Be Reasonable

An employee whose religion prohibits or prevents him from performing certain job duties may ask his employer to provide an accommodation. So says Title VII. However, simply because an employee makes a particular request does not mean that the employer must grant it. The request must be reasonable. This important proviso was recently demonstrated in EEOC v. Thompson Contracting, Grading, Paving & Utilities, No. 11-1897, 2012 WL 6217612 (4th Cir. Dec. 14, 2012).  There, the Equal Employment Opportunity Commission sued a construction contractor on behalf a Hebrew Israelite…

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27 Aug 2012 EEOC Sues Burger King Franchisee Over Employee’s Religious Accommodation Request

The Equal Employment Opportunity Commission (EEOC) is suing a Burger King franchisee – Fries Restaurant Management, LLC – for religious discrimination, a violation of Title VII of the Civil Rights Act of 1964. The facts underlying the lawsuit are straightforward: Ashanti McShan, a member of the Pentecostal Church, adheres to an interpretation of scripture regarding the wearing of clothing that is befitting of one’s gender. McShan allegedly informed Burger King of her religious belief during her employment interview, and was told she could wear a…

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