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Employment Law

Religion accommodation not protected … yet

08/09/2017
In a case likely to be appealed, the EEOC has lost a bid to have federal courts within the 8th Circuit consider request for religious accommodation to be protected activity.

EEOC sues M&T Bank, alleging disability bias

08/03/2017
When Buffalo-based M&T Bank purchased Hudson City Savings Bank, it got a little more than it bargained for. It inherited the fallout from HCSB’s “100%-healed” policy, which requires employees to take sick leave unless they could work with no medical restrictions whatsoever.

Want arbitration? Consider opt-out provision

08/03/2017
One of the most difficult aspects of creating a binding arbitration agreement is the almost inevitable litigation over whether the agreement you presented to workers is a legally binding contract. This case shows one way to make a contract binding: Allow employees to opt out up front.

ADA hostile environment claim moves forward

08/03/2017
To date, the 2nd Circuit Court of Appeals has not ruled definitively that the ADA provides an avenue for a claim of a hostile work environment based on disability. That may soon change. A lower court has approved such a case for trial.

Include it in management training: You just can’t use racial slurs!

08/03/2017
Make sure every boss understands that they may never utter obviously racially offensive slurs at work. Even one instance can, under the wrong circumstances, trigger a lawsuit.

Staffing patterns don’t prove workplace bias

08/03/2017
Some employees think that if they point out racial homogeneity in a particular office or function, they will be able to persuade a court that they have been discriminated against—even if they have no proof that anything bad happened to them.

When is telecommuting considered a reasonable ADA accommodation?

08/03/2017
Q. Our organization rarely if ever lets employees work from home. An employee in our marketing department is struggling with a disability and has asked to work from home as an accommodation. Would that be a reasonable accommodation?

How should staff conducting employment interviews accommodate deaf applicants?

08/03/2017
Q. The recruiting manager of our company is interviewing a deaf applicant for an open position. What should she keep in mind during the interview?

Doubt cast on spousal benefits for same-sex couples

08/03/2017
The Texas Supreme Court on June 30 threw out a lower court ruling that said spouses of gay and lesbian public employees are entitled to government-subsidized same-sex marriage benefits.

Mandatory training isn’t act of discrimination

08/03/2017
It’s unusual, but sometimes workers claim that being forced to attend a training session was discrimination.