March 2013

FACEBOOK POSTINGS AND OTHER SOCIAL MEDIA MAY BE PROTECTED ACTIVITY, ACCORDING TO THE NATIONAL LABOR RELATIONS BOARD

Personnel Policies, Social Media /

In a series of recent rulings and advisories, labor regulators have declared some terminations relating to social media communications, as well as certain social media policy restrictions, to be unlawful. In a decision with potential major repercussions, the National Labor Relations Board  (NLRB) recently considered an employer’s termination of five employees who posted comments on […]

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SANCTIONED BY COURT FOR FAILING TO PRODUCE SOCIAL MEDIA EVIDENCE

Litigation, Social Media /

In EEOC v. Original Honey Baked Ham Company of Georgia, Inc., which is presently being heard in federal court in Colorado, the Equal Employment Opportunity Commission (EEOC) commenced a lawsuit on behalf of a class of current and former employees asserting sexual harassment and retaliation.  During discovery, the employer requested the class members’ social media

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION CRACKING DOWN ON UNNECESSARILY BROAD CRIMINAL BACKGROUND CHECKS

Workplace Discrimination /

The Equal Employment Opportunity Commission (EEOC) has been pursuing employers whom it believes overstep legal boundaries when conducting criminal background checks.  This is a cause for concern for employers, since an estimated ninety-two (92%) percent of organizations conduct criminal background checks on their applicants. Two recent settlements make it clear that if your company has

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CHRONIC ILLNESSES AS DISABILITIES

Disability Discrimination, Family and Medical Leave Act (FMLA), Workplace Discrimination /

The Equal Employment Opportunity Commission (EEOC) recently obtained a $50,000 settlement on behalf of an employee for America’s Thrift Stores of Alabama who allegedly was refused a reasonable accommodation and fired because of her chronic illness, degenerative joint disease. The EEOC claimed that the employee had a good work record, but once she requested accommodations

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