Author archive: employerlawblg

Employer Privacy: Is Your Non-Solicitation Agreement Current In the Modern Age of Social Media?

We are frequently reminded that the “old” attending networking events and social dinners model of business development will soon be viewed as archaic and simply too costly. Replacing the traditional networking event and social dinner is the ever increasing and efficient use of social media. To this end, companies commonly use social media, such as…

Preventing the “Weinstein” in your Organization: Common Pitfalls in Complying With State and Federal Harassment Laws

As seemingly daily revelations surface of sex harassment allegations in the entertainment/media industry it is imperative for organizations to learn from the mistakes of others when it comes to sexual harassment in the workplace. The plethora of harassment complaints in is not a recent dilemma. In fact, there have been federal and state laws prohibiting…

President Trump Nominates Scott Mugno of FedEx to Head OSHA

On Monday, October 27, 2017, President Trump nominated Scott Mugno, currently the vice-president for safety at FedEx Ground, to be the new head of the Occupational Safety and Health Administration (OSHA). Mugno is well known in Washington among members of business-oriented organizations. So, what does this mean for employers? Well, Jordan Barab, Deputy Assistant Secretary…

Employer Alert: Sex Stereotyping Equals Sex Discrimination in Missouri

In a case of first impression, the Missouri Court of Appeals held that sexual stereotyping can support an inference that discrimination on the basis of “sex” occurred in the workplace. Lampley and Frost v. MCHR, Case No. WD80288 (Mo.App. W.D. 2017). The Appellate Court maintained that sexual orientation is not a “protected-class” under the Missouri…

DOJ Reverses Stance on Gender Identity Discrimination

On October 4, 2017, the United States Department of Justice issued a memorandum reversing its stance on whether the prohibition on sex discrimination under Title VII of the Civil Rights Act of 1964 includes discrimination based on gender identity. The memorandum was authored by Attorney General Jeff Sessions. In the memorandum, Attorney General Sessions supports…

General Assembly Strikes Again

The Illinois General Assembly has struck again. On August 11, 2017, Governor Rauner signed into law an amendment to the Illinois Human Rights Act providing that discrimination includes a practice by an employer imposing upon a person as a condition of obtaining or retaining employment, including promotion, advancement, or transfer, any terms or conditions that…

Federal Contractors: Are You Complying With New Paid Sick Leave Requirements?

Executive Order 13706 established paid sick leave requirements for federal contractors and subcontractors and went into effect on January 1, 2017. Non-complying contractors are subject to monetary damages, attorneys’ fees, equitable relief, and/or debarment from future contracts. How Many Hours Of Paid Sick Leave Are Required? Fifty-six (56) hours annually. Unless employers elect to give…

It’s Unanimous

The SCOTUS handed down a definitive 9-0 decision on a case centered on issues surrounding appellate courts, district courts and Equal Employment Opportunity Commission subpoena requests. How will the decision impact employers?

Sexual Orientation Discrimination Now Recognized Under Title VII

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit for the first time recognized that sexual orientation discrimination is covered under Title VII of the 1964 Civil Rights Act. The case is Hively v. Ivy Tech Community College of Indiana. Although the court which heard the case en banc reached the result via three routes, the holding confirms that sexual orientation discrimination is cognizable under Title VII in the Seventh Circuit.

NLRB Rules on Strategy for Loss of Majority Support

On February 2, 2017, the National Labor Relations Board issued a decision and order in the case of T-Mobile USA and CWA. In this case, T-Mobile, following substantial proof that the members of a collective bargaining unit no longer maintained majority support for representation by the CWA, pursued the strategy of continuing to honor the collective bargaining agreement but refused to negotiate over a successor agreement unless and until the representation issue was resolved.

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