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Archive for April 2019

First Circuit: Age May Be Just a Number

Discriminatory animus cannot be inferred simply because a 62-year-old employee was replaced by a 36-year-old worker for a new position that was inferior to the plaintiff’s previous job, the U.S. Court of Appeals for the First Circuit, with appellate jurisdiction over the district courts in the District of Maine, District of Massachusetts, District of New…

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No Subpoena, No Protection?: Indiana Court of Appeals Approves Dismissal of Employee Who Left Work to Voluntarily Testify at Hearing

It is well settled that Indiana is an employment-at-will state, meaning an employer or employee may terminate the employment relationship for any lawful reason. The Indiana Supreme Court, however, recognizes a limited number of exceptions to employment-at-will. For example, an employer may not discharge an employee for complying with a subpoena to provide testimony in…

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Very Interesting! EEOC Releases Official FY2018 Charge Statistics

Most charges were down, but sex harassment, LGBT charges were up. Last week, the Equal Employment Opportunity Commission released its charge-filing statistics for fiscal year 2018, which ran from October 1, 2017, through September 30, 2018. According to Law360, EEOC charges in FY 2018 were at their lowest level since 2006. Yes, 2006. When George…

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COBRA Noncompliance Can Be Costly

Now is a good time for employers to review their COBRA procedures or check with their COBRA vendors about documentation processes given a recent case out of the Southern District of Ohio. In Morehouse v. Steak ‘n Shake, Inc., the court held that the company violated its obligations under COBRA after failing to provide an…

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Deadline of September 30, 2019 Proposed for EEO-1 Comp Data

Start gathering that comp data, if you haven’t already. I have written before about the court order directing the Equal Employment Opportunity Commission to require employers to submit compensation data with their annual EEO-1 reports. The order came about in a lawsuit filed against the federal Office of Management and Budget and the EEOC by…

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Cell Phone Distractions in the Workplace

We’ve all seen the driver behind the wheel talking on his cell phone and weaving across lanes, making turns without signals, and all sorts of other dangerous maneuvers. One cannot talk on one’s cell phone and hope to really concentrate on other tasks. But what about the employee in the workplace who always appears to…

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Fourth Circuit Reaffirms That Regular, Reliable Attendance Is Essential Function Of Most Jobs

The Fourth Circuit Court, located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: District of Maryland, Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina, District of South Carolina, Eastern District of Virginia, Western District of Virginia, Northern District of West Virginia, and…

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How Would You Feel If Your Co-Worker Had a Violent Criminal Record?

Most say they’re more comfortable with those convicted of nonviolent crimes Most respondents to a recent survey said they’d feel comfortable working with or buying goods or services from employees who have nonviolent criminal records. But that sentiment changes drastically if fellow employees have violent criminal records, according to survey results released April 1 by…

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The Americans with Disabilities Act Prohibits Hostile Work Environments, Second Circuit Rules

On March 6, 2019, the U.S. Court of Appeals for the Second Circuit, whose territory comprises the states of Connecticut, New York, and Vermont, and appellate jurisdiction over the district courts in the District of Connecticut, Eastern District of New York, Northern District of New York, Southern District of New York, Western District of New York, and the District of Vermont, decided…

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