Articles and Blogs

The NLRB’s rule requiring private sector employers to post a “Notice of Employee Rights” took another hit from another federal appeals court.  The rule that was scheduled to go into effect early in 2012 was enjoined by lower federal courts last year and was ultimately struck down by a decision of a federal appeals... READ MORE

Discharge for Lactation Is Sex Discrimination In a recent decision, a federal appeals court held that a termination for “lactating or expressing milk” is sex discrimination under Title VII because it would clearly impose upon women “a burden that male employees need not – indeed, could not – suffer.”  The Court also ruled that... READ MORE

The National Labor Relations Board has, for at least the past two years, been focusing on private employer policies that interfere with employee rights to engage in protected concerted activity for their mutual aid and protection.  Employer policies that prohibit talking about wages, hours and working conditions while at or away from work have... READ MORE

It’s long been a crime or at least a misdemeanor for someone to threaten or intimidate another person.  Recently, some prosecutions for intimidation were dismissed by the courts because of the way Indiana’s intimidation statute was written.  For instance, it wasn’t clear that threats made electronically were prohibited.  Also, it wasn’t clear that intimidation... READ MORE

Adverse Inference from Deleted Evidence Litigation happens.  When it does, and sometimes even before it does, you need to be aware that, unless you take steps to preserve discoverable or relevant evidence such as emails, memos or data banks, a jury might be instructed by the court to assume that the deleted evidence was... READ MORE

Release and Waiver of Claims Can’t Release and Waive Too Much  Employee severance agreements often grant severance benefits conditioned upon the departing employee’s signing an agreement that includes a general waiver and release of all claims.  That’s a common and prudent practice.  However, a recent complaint filed by the EEOC shows that common release... READ MORE

In the Case of a Director at an Acute Care Hospital the Answer Is No Employers covered by Title VII of the Civil Rights Act are required to reasonably accommodate the religious practices of employees as long as it doesn’t create an undue hardship on the employer’s operations. Was it discrimination for an acute care... READ MORE

A New Indiana Criminal Records Law Affects Employers A new Indiana law (House Enrolled Act No. 1482) that protects the rights of individuals whose arrests and convictions have been expunged by court order will take effect on July 1, 2013.  This new law will affect employers in Indiana because it prohibits employers from discriminating... READ MORE

Your Leave Is Up – Sorry but You’re Fired Many employers have medical leave policies.  Most of those policies allow leave for a maximum duration often three to six months or even up to a year.  The FMLA, of course, guarantees job protection for 12 weeks.  But what is an employer to do if... READ MORE

Earlier this year, we told you about a recent case from Kentucky in which a federal court found that it was not reasonable for a plaintiff to expect his employer to accommodate his lifting restrictions by spreading essential lifting requirements among the plaintiff’s co-workers. READ MORE