Employees given access to the trade secrets, customer lists and other confidential materials vital to the operation of a business can easily use that information against the interests of their former employer when their employment comes to an end. Covenants not to compete have been used by businesses to protect themselves from competition from former […]
Employment Law
Employers Under Pressure To Comply With Ban-The-Box Laws
The “ban-the-box” movement has grown across the United States. The purpose behind the movement is to encourage federal, state and local governments to enact employment laws to restrict or eliminate questions on employment applications asking applicants about their criminal history.
The Hot Employment Law Issue That You Can’t Ignore: “Which Bathroom?”
The calls from employers come into our office several times a week seeking legal advice about the use of bathrooms by transgender employees. It’s an issue that federal regulatory agencies and the U.S. Supreme Court are racing to address as transgender employees assert their rights. My advice to clients who own businesses may not be the easiest solution to enforce, but I believe it’s where the emerging laws on this topic will eventually settle.
An EEOC Subpoena Can Greatly Expand The Scope Of The Initial Discrimination Charge
In EEOC v. Aerotek, Inc., No. 15-1690, March 4, 2016, 7th Circuit, the EEOC filed suit against the employer and applied for an order to enforce the EEOC’s administrative subpoena against the employer (a temporary staffing agency). The EEOC had investigated the employer to assess the employer’s compliance with the ADEA. The EEOC sought information […]
To Have A Cause Of Action An Employee Has To Apply For The Position Into Which They Were Not Promoted.
In Jaburek v. Foxx, No. 15-2165, January 13, 2016, 7th Circuit, the employee filed a Title VII and Equal Pay Act claim alleging that her employer failed to promote her to the Program Analyst position that she was actually performing and for which she was receiving less pay than her male co-workers. The employee had […]
Offering Severence Pay In An Agreement Which Would Deter Filing A Complaint With The EEOC Does Not Violate Title VII
In Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., No. 14-3653, December 17, 2015, 7th Circuit, CVS fired a store manager and offered her a severance agreement which she signed. The agreement included a broad release of waivable claims relating to her employment, including claims under Title VII. The agreement expressly carved out the manager’s […]
McKenna Employment Bulletin – October 2015
FALSE WORKER’S COMPENSATION CLAIM STOPS TITLE VII ACTION STATEMENT THAT WOULD NOT HIRE A CAUCASIAN IF A QUALIFIED MINORITY WAS AVAILABLE WAS NOT EVIDENCE OF DISCRIMINATION FALSE TIMESHEETS PREVENT A TITLE VII CLAIM AGE-RELATED STATEMENTS SUPPORT AN ADEA CLAIM SEVERE EMPLOYMENT CONDITIONS SUPPORT AN FMLA CLAIM EMPLOYER’S FAILURE TO STOP RUDE BEHAVIOR DOES NOT CREATE […]
McKenna Employment Bulletin – September 2015
THE EEOC DOES NOT HAVE TO NAME A REJECTED JOB APPLICANT TO BRING SUIT COURT CAN LIMIT THE SCOPE OF A RESTRICTIVE COVENANT TAMPERING WITH AN EMPLOYEE’S WORK PRODUCT AND ASSIGNING DIFFICULT WORK SUPPORTS A TITLE VII ACTION RESULTS OF THEFT INVESTIGATION STOPS A TITLE VII SUIT FAILURE TO REQUEST AN ACCOMMODATION AND BEING AN […]
McKenna Employment Bulletin – August 2015
REQUEST FOR LIGHT DUTY MUST MATCH THE DOCTOR’S RESTRICTIONS U.S. DEPARTMENT OF LABOR ISSUES GUIDANCE ON CLASSIFYING WORKERS INFORMATION AVAILABLE TO THE PUBLIC IS NOT PROTECTED CONFIDENTIAL INFORMATION LACK OF KNOWLEDGE OF THE EMPLOYEE’S PRIOR COMPLAINT STOPS A RETALIATION CLAIM FAILURE TO SHOW INTENT STOPS A RACE DISCRIMINATION CLAIM
EEOC Rules That Workplace Sexual Orientation Discrimination Is Sex Discrimination Under Title VII Of The Civil Rights Act
On July 16, 2015, the U.S. Equal Employment Opportunity Commission (EEOC) issued a decision that discrimination on the basis of sexual orientation states a claim of discrimination on the basis of sex under Title VII of the Civil Rights Act of 1964(Title VII). Title VII prohibits discrimination based on race, color, religion, sex, or national origin. […]