You’ve been verifying I-9’s since the Immigration Reform and Control Act became effective in 1986. Imagine your surprise to receive a letter from the Civil Rights Division of the U.S. Department of Justice notifying you that you are being investigated for document abuse discrimination in the employment eligibility verification process.
H&M International employee Ehnae Northington, the future plaintiff, was dating co-worker Terrell Maghett. Unfortunately, Maghett was already involved in a seven-year-long dating relationship with another female coworker, Shequita Sims. When Sims became suspicious that Maghett was involved with Northington, she made verbal and physical threats against Northington. Eventually, Sims physically assaulted Northington outside of work, and later pled guilty to battery.
For disabled employees, the Americans with Disabilities Act (ADA) requires employers to consider the possibility of a reasonable accommodation that would allow disabled employees to maintain their employment. To satisfy the ADA’s reasonable accommodation requirement, an interactive discussion of potential accommodations must occur before an employer makes any employment decision.
A recent court decision provides a good illustration of the “moonlighting” phenomena and affirms the right of employers to discipline those employees who abuse the provision of leave under the FMLA.
In a January 23, 2013 decision, the U.S. District Court for the Northern District of Oklahoma continued a recent trend in Oklahoma cases enforcing arbitration clauses included in employment agreements or relationships.
Employers concerned with recent expansive rulings by the National Labor Relations Board got a significant measure of relief on January 25. The U.S. Court of Appeals for the District of Columbia ruled that three so-called recess appointments of NRLB members by President Barack Obama were invalid and the NLRB lacked a quorum of the five-member board.