Articles

Thuesen: Labor law in Germany vs. United States

I have had the wonderful opportunity to spend the fall of my 3L year studying at Bucerius Law School in Hamburg, Germany. One of my reasons for studying in Germany was that I wanted to experience a different country’s approach to labor and employment law.

Read More

Split 7th Circuit allows RV worker’s age discrimination claim to continue

A former Forest River employee will get a second chance to make his claim that the recreational vehicle maker constructively discharged him by refusing to address age-based harassment after a split 7th Circuit Court of Appeals revived the case and sent it back to the Northern Indiana District Court. However, one judge dissented, asserting, “there was not enough ‘constructive’ in the plaintiff’s constructive discharge claim.”

Read More

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?

Read More

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.

Read More