Legal
FCRA’s Seven-Year Reporting Window Begins with Charge, Not Dismissal
The seven-year limit for reporting criminal charges on background checks begins when the charges are filed, not when they’re dismissed, a federal appeals court recently ruled, meaning employers should know that criminal charges exceeding the seven-year limit shouldn’t appear in employment screens. The 9th U.S. Circuit Court of Appeals ruled May 14 that the measuring…
Read MoreSupreme Court to Address Sexual Orientation Discrimination
The U.S. Supreme Court has agreed to consider a trio of cases addressing sexual orientation discrimination next term, answering two contested questions that have split the courts. Specifically, the justices will consider whether Title VII’s ban on sex-based discrimination prohibits discrimination based on sexual orientation and whether the statute prohibits discrimination against transgender plaintiffs based…
Read MoreDo’s and Don’ts of Conducting Internal Investigations
In today’s post #MeToo era, most companies, big or small, will likely need to conduct an internal investigation on an employee’s claims. Knowing how to conduct a successful internal investigation will help a company protect itself. Not only do internal investigations help avoid litigation, they may also improve employee morale, increase productivity, and oftentimes, end…
Read MoreNLRB: 6 Reasons to Check Your Handbook Policies Now
Here’s a good reason to dust off that employee handbook and re-familiarize yourself with the ins and outs of your policies. The National Labor Relations Board (NLRB) recently reviewed an employer’s handbook and issued memoranda, offering guidance on the legality of certain policies. What’s lawful, what’s not While not an official ruling from the NLRB,…
Read MoreBullying: An Occupational Health and Safety Hazard
When one thinks of a hazard at a workplace what may come to mind are falls from heights or getting caught in a pinch point of industrial machinery. In general we think of something that is traumatic and may cause a physical injury such as a broken arm or leg, concussion or even death. But…
Read MoreBeing Required to Hire Female Escorts Is Not Actually a Title VII Violation
I found a recent case to be a peculiar example of how Title VII is not a “general civility code” in the workplace. In Butto v. CJKant Resource Group, LLC, a male executive was terminated after complaining about being required to arrange female escorts for his married supervisor and perform other activities to facilitate his…
Read MoreThe Supreme Court All But Ends Classwide Arbitration, Delivering A Win For Employers
When most employers think about arbitration with their employees, they think about arbitrating the claims of one employee at a time. The U.S. Supreme Court agreed this week in Lamp Plus, Inc., et al. v. Varela, deciding that parties cannot be compelled to arbitrate class actions unless the arbitration agreement explicitly calls for class arbitration (something…
Read MoreNo 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…
Read MoreFourth 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…
Read MoreThe 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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