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Employee investigation tips

Employee investigation tips

| January 21, 2015 | Articles

Employers investigate all sorts of odd or disturbing claims. Knowing how to properly investigate these claims is critical. A recent case from the Tenth Circuit Court of Appeals put this on full display. Student teacher fired Carlos Bassatt was a student teacher at West High School in Denver, Colorado. One day a co-worker, Maria Iams, […]

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The need for actual medical evidence in disability cases

The need for actual medical evidence in disability cases

| January 5, 2015 | Articles

Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when their duty to accommodate kicks in. Although we caution employers to consider such employee statements seriously and to at least initially presume an obligation to consider reasonable accommodation, the law ultimately places the burden on the employee to produce actual medical evidence of a disability and its impact on major life activities, as opposed to the employee’s mere opinion.

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Secret Connections: LinkedIn contacts may be a trade secret

Secret Connections: LinkedIn contacts may be a trade secret

| December 29, 2014 | Articles

A California court recently determined that an employee’s LinkedIn contacts could be considered a “trade secret” in a case where the employee retained his contacts after he left the company and began a competing venture.

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Despite settlement, EEOC continues and expands discrimination investigation

Despite settlement, EEOC continues and expands discrimination investigation

| November 24, 2014 | Articles

At this point, employers have become all too familiar with the new, aggressive enforcement agenda of the Equal Employment Opportunity Commission. The agency’s systemic initiative to root out alleged discriminatory employment practices has been well-publicized, and there are no signs that those efforts will be eased anytime soon. But the increase in such investigations has […]

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Asking about religion accommodations

Asking about religion accommodations

| November 19, 2014 | Articles

An employer’s obligation to raise the issue of potential accommodations for religious discrimination under Title VII will soon receive clarification, as the U.S. Supreme Court is set to hear E.E.O.C. v. Abercrombie & Fitch Stores, Inc. this term. The case arises from a hiring decision made at the Abercrombie Kids store in Woodland Hills Mall […]

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Care for parent leads to firing

Care for parent leads to firing

| November 11, 2014 | Articles

Can an employer terminate an employee out of a belief that the employee is too distracted from his job duties due to caring for a relative with a disability? That was the issue in the recent case, in which an employee who was occasionally late to work due to caring for his ailing father successfully pursued a distraction claim for associational discrimination.

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Group health plans for same-sex spouses: Equal treatment required or not?

Group health plans for same-sex spouses: Equal treatment required or not?

| November 4, 2014 | Articles

In our recent webinar, McAfee & Taft attorneys shared with you a number of ramifications from the recent U.S. Supreme Court decision that effectively legalized same-sex marriage in Oklahoma. One of the key questions we discussed was this: Does the decision mean that private employers are now required to offer group health insurance coverage to same-sex spouses?

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Ebola answers for employers

Ebola answers for employers

| November 3, 2014 | Articles, News & Comment

It comes as no surprise that employers increasingly find themselves dealing with workplace challenges relating to Ebola. The issues tend to arise in two contexts: How should employers respond to employee concerns, and what steps should employers take to protect their workforce from the Ebola virus?

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