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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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Janitor sensitive to cleaning chemicals not covered by ADA

Thursday, 29 May 2014 15:11


The Sixth Circuit Court of Appeals has determined a facilities management company did not violate the ADA by terminating a janitorial employee who developed sensitivity to cleaning chemicals during her employment.


ADA claim denied where employee failed to extend medical leave prior to doctor’s release

Thursday, 03 April 2014 09:02


The U.S. Court of Appeals for the Sixth Circuit has determined an employee’s claims under the Americans with Disabilities Act (ADA) should be dismissed where the employee failed to extend his six-month medical leave and was terminated three days prior to his effort to return to work with a doctor’s release.


Transgender identity … crisis for the courts

Wednesday, 19 March 2014 09:28


Under Title VII of the Civil Rights Act of 1964 (Title VII), an employer may be liable for discrimination where it treats an individual less favorably based on that person’s gender.  A growing issue before the courts is how to examine this discrimination when it comes to transgender individuals.  Gender dysphoria, also known as gender identity disorder (GID), is a diagnosable medical condition that describes people who experience significant dysphoria with the  gender they were assigned at birth and/or the societal roles associated with that gender.  Individuals experiencing dysphoria are commonly referred to as transsexual or transgender.


The non-minority fall guy

Thursday, 20 February 2014 15:34


Can a non-minority witness to racial discrimination seek legal protection against retaliation under 42 U.S.C. § 1981 - a federal law protecting the rights of citizens to “make and enforce contracts” to the same extent “as is enjoyed by white citizens?”  Yes, according to a recent decision by the U.S. Court of Appeals for the Eighth Circuit.


The limits of discussing the workplace on social media

Thursday, 13 February 2014 12:06


Many recent employment law decisions have addressed issues concerning the use of social media in the workplace.  A majority of these decisions have been in favor of employees, where posts and pictures on social media websites were found to be protected concerted activities under the National Labor Relations Act (NLRA).  However, where the concerted activity of employees is egregious or renders an individual unfit for further service it will not be protected.  A recent decision by an NLRB judge has offered some guidance regarding the outer limits of what is and is not protected by the NLRA.


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