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Keeping You Posted

Recent developments in employment and labor law


Howard Kastrinsky


Chris Barrett

Keeping You Posted provides you with the latest updates in employment and labor law. As a supplement to Employment Law Comment, Keeping You Posted supplies you with a review of current federal and state cases, as well as legislative and regulatory changes, from your perspective as an employer.

Some of the many topics we discuss in Keeping You Posted include federal discrimination laws, the National Labor Relations Act, the Fair Labor Standards Act, and the Occupation Safety and Health act. Other topics include immigration and workplace privacy, including emerging trends in social media in the workplace. Add the RSS feed above to your favorites, and stay up-to-date on the issues that affect your Company.
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Tenth Circuit Rules that To Receive a Religious Accommodation, You Must Request One

Thursday, 14 November 2013 14:02


The U.S. Court of Appeals for the Tenth Circuit issued a win for employers when it granted summary judgment in favor of a nationwide clothing retailer on a potential applicant’s claim of religious discrimination in hiring. The clothing retailer was charged with workplace discrimination by the United States Equal Employment Opportunity Commission (“EEOC”) for Abercombie’s allegedly denying an 18-year old Muslim’s employment application when she appeared for her employment interview wearing a hijab, which is a traditional Muslim headscarf.  The EEOC alleged the clothing retailer denied her employment application because, while it was required by her religious beliefs, the hijab was at odds with the retailer’s “Look Policy.” This policy required employees as a prerequisite to and condition of employment to maintain a “classic East Coast collegiate style of clothing.”  The “Look Policy” specifically prohibited employees from wearing head-coverings such as the hijab worn by the Muslim applicant.


Arbitration Clauses in Employee Manuals May Not be Binding

Wednesday, 06 November 2013 10:00


Many employers find employment arbitration agreements are useful in cutting down litigation costs if an employment relationship ends badly and the employee seeks some form of monetary damages. In a nutshell, the arbitration agreement allows an employer to dismiss a case filed in court in order to compel the employee to have the grievance heard by a neutral arbitrator. This often reduces the exposure of risk for the employer because a jury is not involved.


On-Site Reserved Parking May Constitute an ADA Reasonable Accommodation

Tuesday, 05 November 2013 09:03


The U.S. Court of Appeals for the Fifth Circuit has held reasonable accommodations under the Americans with Disabilities Act (“ADA”) are not restricted to modifications enabling performance of essential job functions.  The failure to provide on-site reserved parking spaces may also constitute a reasonable accommodation under the ADA.


Improper Investigations Cost Company Thousands

Thursday, 17 October 2013 11:51


A case out of the Eighth Circuit serves as a harsh lesson for employers who want to eliminate employment positions held by individuals who filed discrimination and retaliation claims against the employer.


ADA’s Safe Harbor Provision is Not All That Safe for Continuing Drug Users

Tuesday, 08 October 2013 10:59


The U.S. Court of Appeals for the Fifth Circuit has shed considerable light on just how safe the “safe harbor” provision of the Americans with Disabilities Act (“ADA”) is for drug users and abusers. The court decided an employee who twice failed to complete a substance abuse treatment program was not protected by the ADA or the Family and Medical Leave Act (“FMLA”) because his drug use was too recent and he had not completed any significant period of recovery.


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