As much as everyone loves them, the holidays create increased risk of employer liability and can result in a long list of legal problems for an unprepared employer. As our holiday gift to you, we’ve put together our top five holiday headaches employers, which will be provided to you in a week-long series starting today.
Continue Reading ‘Tis the Season for Holiday Workplace Issues. Day 1 – Avoiding Holiday Party Liability When the Office Santa Tries to Teach His Employees a Few “Reindeer Games”
Two Pregnant Employee Terminations in Two Months Too Coincidental for Southern District of Ohio
By Porter Wright on
The Southern District of Ohio held that an employer terminating two pregnant employees in two months–coupled with the close proximity in time between the terminations and the employer learning of the pregnancies–created an inference of pregnancy discrimination.
Continue Reading Two Pregnant Employee Terminations in Two Months Too Coincidental for Southern District of Ohio
Complying with the FCRA Amendments Before January 1, 2013 – a Step-By-Step Guide
By Porter Wright on
By now, you should know that the Equal Employment Opportunity Commission (“EEOC”) has issued “Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions”, which is designed to restrict criminal background checks by employers, but you may not know that enforcement responsibility for the Fair Credit Reporting Act (“FCRA”) has been transferred from the Federal Trade Commission to the recently created Consumer Financial Protection Bureau (“CFPB”).
Continue Reading Complying with the FCRA Amendments Before January 1, 2013 – a Step-By-Step Guide
EEOC Issues Guidance on the Application of Title VII and the ADA to Applicants and Employees Who Experience Domestic Violence, Sexual Assault, or Stalking
By Porter Wright on
The Equal Opportunity Commission has issued a new fact sheet titled: Application of Title VII and the ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking, which explains how employment decisions related to employees who are victims of domestic violence, sexual violence, or stalking might violate Title VII or the ADA.
Continue Reading EEOC Issues Guidance on the Application of Title VII and the ADA to Applicants and Employees Who Experience Domestic Violence, Sexual Assault, or Stalking
Senate Bill 383 is an Ohio Employer’s Wish List
By Porter Wright on
Senate Bill 383 is an extremely employer-friend piece of legislation that was introduced earlier this week in the Ohio state Senate. The bill seeks to overhaul the Ohio’s employee-friendly employment discrimination laws, statutory and common law, and proposes the following non-exhaustive list of significant amendments.
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Slap Happy Celebration of Work Accomplishment Not Severe or Pervasive Enough for Sexual Harassment or Retaliation Claim
By Porter Wright on
Even though employee’s complaint about her supervisor slapping her on the buttocks was internally investigated by the employer, it was not protected activity and could not support her retaliatory discharge claim.
Continue Reading Slap Happy Celebration of Work Accomplishment Not Severe or Pervasive Enough for Sexual Harassment or Retaliation Claim
Consequences for violations of ACA breastfeeding law becoming gradually clearer
By Porter Wright on
Employers still wondering about the effects of providing a private area for nursing mothers to express breast milk are getting a little more clarity on the enforcement scheme of that law under a recent decision from a federal court in Iowa.
We kept you updated on the new requirements under the Affordable Care Act (ACA)…
Employers Beware: That Policy Against Re-Hiring Retirees Might Violate the ADEA
By Porter Wright on
The Ohio Court of Claims in Richard Warden v. Ohio Department of Natural Resources held that, at least for public employers, a policy against re-hiring retired employees had a discriminatory impact on age.
Continue Reading Employers Beware: That Policy Against Re-Hiring Retirees Might Violate the ADEA
Who Are An Employer’s Supervisors For Purposes Of Sexual Harassment Analysis?
By Brad Hughes on
Next term, the Supreme Court may resolve a split among the circuits about who qualifies as a “supervisor” under Title VII, which prohibits employers from engaging in race-based discrimination.
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Eighth Circuit Holds Shift Rotation Can Be An Essential Job Function
By Brian Hall on
Two of the more difficult reasonable accommodation requests that employers see are requests to be excused from shift and/or job rotation requirements. Last week, the federal Eighth Circuit Court of Appeals held in Kallail v. Alliant Energy Corporate Services, Inc. that an employer’s shift rotation requirement was an essential job function that permitted the employer to deny an employee’s request to be excused from the requirement as a reasonable accommodation for her Type I diabetes.
Continue Reading Eighth Circuit Holds Shift Rotation Can Be An Essential Job Function