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Archive for March 2018

Sixth Circuit Holds Transgender Status Is Protected by Title VII and Rejects Religious Freedom Restoration Act Defense

Executive Summary: The Sixth Circuit Court of Appeals (which has appellate jurisdiction over the district courts in the following districts: Eastern District of Kentucky. Western District of Kentucky. Eastern District of Michigan) is the latest to weigh in on the heated debate as to whether sexual orientation, gender identity, transgender status and/or gender expression are protected classes under Title VII of the Civil Rights…

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New ERISA Claims Procedures for Plans Providing Disability Benefits Effective April 1, 2018

HIGHLIGHTS: Administrators of employee benefit plans governed by ERISA should make sure now that the claims procedures contained in their affected benefit plans comply with new regulations applicable to disability benefits. The new regulations, intended to ensure the independence and impartiality of plan decision-makers when determining disability benefit claims, are effective for any claims filed…

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FMLA Claim Advances Because of Insufficient Documentation

Citing the employer’s “insufficient documentation,” the U.S. District Court of New Jersey found that genuine issues of material fact existed as to whether a former employee was terminated for taking leave under the Family and Medical Leave Act (FMLA) and therefore denied the employer summary judgment. The plaintiff was fired a week after returning from…

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Should Managers Be Armed in the Workplace?

Employers could be held liable if someone is injured News of mass shootings and their tragic results have left many people wondering what can be done to prevent or mitigate the consequences of violent acts—including acts committed in the workplace. Should a few trained managers be allowed to carry guns at work? What are the…

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Investigating Claims of Harassment: A Step-by-Step “How To” Part 6: Closing the Investigation and Additional Steps Thereafter

This final installment of a six-part series on harassment investigations discusses how to close the investigation and steps to take after the investigation has been closed. As always, bear in mind that each harassment investigation is different and must be tailored to fit the particular circumstances. Close the Investigation Once the investigation has concluded, it…

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Investigating Claims of Harassment: A Step-by-Step “How To” Part 5: Other Sources of Evidence, Summarizing the Investigation, & Reaching a Conclusion

Before concluding a harassment investigation, the investigator should follow up with other possible sources of evidence, record and summarize the investigation, and reach a conclusion. This fifth part of a six-part series discusses these final steps in the investigation process. As always, bear in mind that each harassment investigation is different and must be tailored to fit…

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