Wohlford: Ensuring ‘inclusion’ goals are not shorthand for ‘exclusion’
In recent years, there seems to be a growing litigation focus on employment discrimination against majority populations as protected classes.
Employment Law
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Macchia: Mental health at work: Flagging key issues for employers
While recent events have contributed to and exacerbated this problem, the presence of mental health issues in the workplace existed long before the beginning of a global pandemic. Despite that fact, employers still at times simply do not know how to confront and handle mental health issues.
Townsend: WOTCs can increase diversity, reduce labor shortages
In a tight labor market with diversity, equity and inclusion front of mind, some employers have expanded their outreach to prospective employees under the federal Work Opportunity Tax Credit (WOTC).
Kilies and Simonton: Employee protections after Bostock
Employers likely remember Bostock v. Clayton County, the landmark decision where the Supreme Court of the United States extended Title VII’s “because of sex” protections to sexual orientation and transgender status. In that case, the Supreme Court made clear that it is unlawful under Title VII of the Civil Rights Act for employers to terminate employees for being gay or transgender but left open some questions.
Workplace unrest: Uptick in union membership seen as reflecting shift in workers’ attitudes
Just as Indiana is marking 10 years since the passage of its “right-to-work” law, more Hoosiers are opting to join unions, and a Starbucks in Clarksville recently became the first in the coffeehouse chain to unionize in the Hoosier State.
Summary judgment for IWU affirmed on retaliation, age discrimination claims, but race discrimination claim remanded
The grant of summary judgment to Indiana Wesleyan University on a former employee’s retaliation and age discrimination claims has been upheld, but the issue of whether the employee’s termination was racially motivated has been remanded.
7th Circuit affirms summary judgment for IU on Title VII complaint by professor
An Indiana University Kelley School of Business professor didn’t have his Title VII rights violated by his employer when the school didn’t provide him with an early promotion or when it paid one of his white colleagues more than him, the 7th Circuit Court of Appeals has ruled.
High court rejects case of Christian group, bisexual lawyer
The Supreme Court says it won’t review the case of a Seattle-based Christian organization that was sued after declining to hire a bisexual lawyer who applied for a job. A lower court let the case go forward, and the high court said Monday it wouldn’t intervene.
Heavilon: The duality of man: ‘Owner/employee’ interest in small biz
Small business owners often wear multiple hats for their companies. In many cases, “Mike” the owner is often “Mike” the employee, with little distinction between those two roles. However, when a dispute arises and “Mike” is squeezed out of the company, how do courts distinguish between Mike’s rights as an owner versus Mike’s rights as an employee?
In-house legal departments expecting labor and employment disputes to drive surge in class actions
Separate analytical reports from the law firms of Carlton Fields and Seyfarth Shaw both found work-related issues are continuing to convince employees to take their bosses to court. As a result, class action defense spending is anticipated to keep accelerating after crossing the $3 billion threshold for the first time in 2021.
St. Pierre: Employers grappling with religious exemptions to COVID vaccine
Previous versions of HEA 1001 provided that any worker could be granted a religious exemption to a vaccine mandate without employers inquiring into the validity of the employees’ claims. Had that version of the bill passed through the General Assembly and been signed by Holcomb, Indiana employers would have clear marching orders when it came to religious exemptions from vaccine mandates. But that provision was hotly contested and, ultimately, removed from the version of the bill that is now law in Indiana. So the question remains: What should Indiana employers do when they receive a request for religious exemption from a COVID-19 vaccine mandate?
Roberson: New law ends forced arbitration in sexual assault, harassment cases
On March 3, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which will nullify forced arbitration clauses in sexual assault and sexual harassment cases. Following the #MeToo movement, many states have enacted legislation to limit the scope of claims covered in employment arbitration agreements, but the act is the first federal limitation.
Pettygrove: FMLA exposure, ‘potential’ needs and ‘constructive notice’
Since FMLA leave is a legal entitlement for the employee and a corresponding legal obligation for the employer, that abstract concept implicates immediate questions: Who is responsible for telling whom about a need for leave? What do they need to say? When?
Guest column: Potential antitrust implications of noncompete agreements
Noncompete agreements generally are treated the same whether analyzed under state law or antitrust principles. However, limited instances exist in which antitrust laws may be more restrictive than state noncompete laws are. Businesses with high market shares in their geographic and product markets should take special caution to ensure their restrictive covenants do not unlawfully restrain competition.
Hurley and Mappes: Noncompete agreements under attack: What to know and how to protect your trade secrets
Businesses routinely use noncompete agreements to protect their most valuable assets, including trade secrets. However, noncompete agreements are increasingly under attack at both the state and federal level. This two-part series will first explain recent developments restricting the use of noncompetes, then Part II will focus on how that increased scrutiny on noncompete agreements may impact trade secret protection.
Web Exclusive: Federal bill could remove arbitration requirement for sexual misconduct claims
Members of the U.S. House of Representatives and U.S. Senate last month came together in a bipartisan effort to push forward legislation that removes clauses in contracts that require arbitration of sexual assault and harassment claims. H.R. 4445, also known as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, essentially puts the ball in the court of individuals who allege sexual misconduct in the workplace or elsewhere, rather than their accused perpetrators.
7th Circuit: No disability violation against man with seizure disorder who lost job offer
A federal court didn’t err when it awarded summary judgment to a major steel producer who rescinded a job offer to a man with an uncontrolled seizure disorder, the 7th Circuit Court of Appeals has ruled.
Congress approves sex harassment bill in #MeToo milestone
Congress on Thursday gave final approval to legislation guaranteeing that people who experience sexual harassment at work can seek recourse in the courts, a milestone for the #MeToo movement that prompted a national reckoning on the way sexual misconduct claims are handled.
COA: Injured construction worker was independent contractor, not employee
A construction worker injured in a building collapse was, in fact, an independent contractor, the Court of Appeals of Indiana has concluded, rejecting an earlier finding that the worker was actually an employee of the company he sued.
Employment lawyers see host of concerns from hospitality industry staff post-pandemic
Past the midway mark in 2021, restaurants and bars across the country are still reportedly struggling to find workers. As a result, Hoosier employment attorneys say they’ve seen a trend of staffing shortages exacerbated by the pandemic forcing cooks, servers and hostesses to work significantly more hours.