Reasonable Accommodation for Victims of Domestic Violence

Most employers are aware of the Oregon law that protects employees who are victims of domestic violence, sexual assault, or stalking.  The law applies to employers with six or more employees and provides, among other benefits, that eligible employees may take leave to seek legal or law enforcement assistance, seek medical treatment, obtain counseling, and… Continue reading Reasonable Accommodation for Victims of Domestic Violence

EEOC Appellate Briefs Available On-line

On June 20, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it has put its appellate and amicus briefs going back to 2000 on its external website.  The briefs, from the EEOC’s Appellate Services Division, represent litigation in the U.S. Circuit Courts of Appeals in which the Commission was a party, or briefs… Continue reading EEOC Appellate Briefs Available On-line

NLRB General Counsel Issues Report on Social Media

On May 30, 2012, the National Labor Relation Board (NLRB) issued a Report on social media policies.  http://www.nlrb.gov/news/acting-general-counsel-releases-report-employer-social-media-policies.  The NLRB’s role is to protect the rights of private sector employees to unionize and to participate in activities to improve wages and working conditions.  Among protected activities are employees’ rights to discuss wages and working conditions… Continue reading NLRB General Counsel Issues Report on Social Media

Leave Policies with “No Restrictions” May Violate ADA

Requiring Employees to Return from Leave With “No Restrictions” May Violate theADAandOregon’s Anti-Disability Statute Such “no restrictions” return to work policies likely violate both the Americans with Disabilities Act (ADA) and ORS 659A.103-145, because the laws require employers to explore whether a disabled employee with restrictions could return to work with or without a reasonable… Continue reading Leave Policies with “No Restrictions” May Violate ADA

Employer Liability for Employee Blog Posting

There is no question that the use of social media by employers and employees is a hot topic.  Legislatures across theUSare considering whether employers should be allowed to demand access to employee and prospective employee’s facebook pages and other personal media, and employers are struggling to control employee abuse of social media.  A California Court… Continue reading Employer Liability for Employee Blog Posting

Medical Marijuana Use is Not Protected by the Americans with Disabilities Act

On May 21, 2012, the Ninth Circuit Court of Appeals held that theADAdoes not protect against discrimination on the basis of marijuana use, even if the use is supervised by a doctor in accordance with state law.  http://www.ca9.uscourts.gov/datastore/opinions/2012/05/21/10-55769.pdf TheADA’s definition of an “individual with a disability” does not include an individual who is currently engaging… Continue reading Medical Marijuana Use is Not Protected by the Americans with Disabilities Act

Make Bathrooms Available to Your Employees

On May 21, 2012, a jury inMultnomahCountyawarded two employees $332,000 in damages, finding that the employees were fired in retaliation for cooperating with an OSHA investigator.  The investigator, who visited the work site and interviewed the employees, later cited the employer for failing to provide bathrooms for employee use. In addition, one of the employees… Continue reading Make Bathrooms Available to Your Employees

OSHA Committee Established to Improve Protection for Whistleblowers

On May 17, 2012, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced its intent to establish a Whistleblower Protection Advisory Committee. The committee will advise, consult with and make recommendations to the Department of Labor on ways to improve the efficiency, effectiveness and transparency of OSHA’s administration of whistleblower protections. OSHA’s… Continue reading OSHA Committee Established to Improve Protection for Whistleblowers

Reminder – Retaliation Claim Can Succeed even if Discrimination Claim Fails

A recent Ninth Circuit Court of Appeals’ decision is a reminder that employee claims for retaliation can succeed even where the employee’s claims for discrimination fail, and that the shorter the time period between the protected activity and the adverse employment action, the more likely an employee’s retaliation claim will survive summary judgment.  In Alioto… Continue reading Reminder – Retaliation Claim Can Succeed even if Discrimination Claim Fails