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BT Currents - Hot Topics in Employment Law
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05 Apr 2018 Accommodate Much? Restrictive Seventh Circuit Leave Ruling Lives On

  Letter of the Law: A Revival!  No employment lawyer worth her salt would choose anything other than “Accommodation” for the Letter A.  And so it begins….   HR professionals know all too well that the ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities.   While accommodations often include overcoming physical obstacles such as inaccessible workplace areas and unwieldy equipment, they more commonly pertain to workplace rules. For example, employers are asked to change when or where work is performed, leave…

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22 Jan 2018 SCOTUS Declines to Consider Whether Tribal Courts Have Jurisdiction to Adjudicate Employment Claims

  The question of tribal jurisdiction arose when a group of current and former employees of two Arizona public school districts filed complaints with the Navajo Nation Labor Commission.   The districts operate schools on land leased from the Navajo Nation and most of the districts’ employees are members of that tribal nation. Among various complaints before the commission, the employees alleged that the districts owed them merit pay under Arizona law and others alleged that the districts violated their rights under the Navajo Preference…

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30 Sep 2016 Should Appeals Courts Give Deference to Lower Courts in EEOC in Subpoena Enforcement Actions? U.S. Supreme Court Agrees to Take on the Issue

  As the U.S. Supreme Court prepares to open its fall term, the Court has agreed to consider the appropriate standard for court review of U.S. Equal Employment Opportunity Commission (EEOC) subpoenas that the agency issues during its investigations of discrimination charges.   In EEOC v. McLane Co., Inc., the issue is whether the Ninth Circuit Court of Appeals should have given deference to a lower court’s decisions regarding enforcement of an EEOC investigatory subpoena or whether appellate courts should take a completely new look…

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20 Jan 2015 Be Careful What They Wish For

Effectively confirming the worst Sixth Circuit employment law decision of 2014 (maybe ever?), the United States Supreme Court let stand a ruling that an employee who asks for a job transfer, then gets that job transfer and works in that new position for 10 months, can nonetheless still claim that the transfer constituted an adverse employment action in support of his claim of discrimination.   After 25 years with the Kalamazoo County Road Commission, Robert Deleon applied for an open job as an equipment and…

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16 Jan 2015 Will the EEOC Get its Wings Clipped? Mach Mining’s Challenge to the EEOC before the Supreme Court

  On Jan. 13, during oral argument, U.S. Supreme Court Justice Antonin Scalia echoed businesses’ skepticism about the EEOC’s pre-suit settlement strategy, saying  “there is considerable incentive on the EEOC to fail in conciliation so that it can bring a big­deal lawsuit and get a lot of press and put a lot of pressure on this employer and on other employers. There are real incentives to have conciliation fail.”   Justice Scalia made his comments in the case of Mach Mining L.L.C. v. Equal Employment…

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03 Jul 2014 Supreme Court Sides with Hobby Lobby in Contraception Case

  On June 30, the Supreme Court of the United States ruled that Hobby Lobby and Conestoga Wood Specialties could claim a religious exemption to the requirement that they provide health insurance for contraceptives. At issue in Burwell v. Hobby Lobby Stores, and Conestoga Wood Specialties v. Burwell, was a provision of the Affordable Care Act which required companies with more than 50 employees to cover the costs associated with various types of contraceptives. The owners of these entities challenged this mandate saying it forced…

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