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Employment Law

Most self-medication with marijuana remains illegal, and is grounds for discharge

03/15/2019
A federal court has ruled that a worker’s self-administration of an illegal drug for pain relief was grounds for discharge under an employer’s drug policy.

Accommodate lactation needs of new mothers

03/15/2019
Employers that prohibit necessary lactation breaks or who retaliate against women for trying to take breaks may violate the sex discrimination provisions of Title VII.

White House proposes 10% budget cut for DOL

03/14/2019
President Trump’s budget request, released March 11, seeks $10.9 billion for DOL activities in fiscal year 2020, about $1.9 less than FY 2019.

Federal courts add another twist in the road to pay equity

03/13/2019
The U.S. Supreme Court just rejected an equal pay lawsuit for a most unusual reason. Even so, employers can learn valuable lessons from the case.

Transgender football player wins $20,000 for bias

03/13/2019
For the first time a transgender person has won an employment discrimination award under the Minnesota Human Rights Act.

Don’t assume disability because of prescription

03/13/2019
If you learn an employee is taking a prescription containing a controlled substance, make sure you don’t make assumptions about disability. You don’t want to be accused of violating ADA “regarded as disabled” provisions.

Audit training to identify possible discrimination

03/13/2019
Make sure your training programs don’t discriminate, especially if promotions and pay raises depend on training.

Another reason to track absenteeism: It can rule out unemployment benefits

03/13/2019
If you want to terminate for attendance problems, make sure you consider only unexcused absences when making your decision.

$4.2 million firing: Back pay, pain & suffering, punitive damages—and then front pay, too

03/13/2019
Unfairly terminating a worker could spark a lawsuit that costs your organization millions of dollars.

ADA: Beware job descriptions so rigid that accommodations become impossible

03/13/2019
Employers may reject a proposed disability accommodation out of hand, thinking every job requirement is truly essential to getting the work done. But courts want to see some flexibility.