Wisconsin May "Ban the Box" on Employment Applications

A recent Employment LawScene™ article discussed the EEOC’s recent heightened efforts to crack down on employers’ use of criminal background checks in making hiring decisions. As part of its efforts, the EEOC issued guidance to employers in April 2012, in which the EEOC endorsed the policy of removing questions regarding criminal conviction history from job applications as a best practice for employers.

Continue Reading →

Will Wisconsin be Next to Ban Employers from Accessing Employee Social Media Accounts?

Wisconsin may soon join fourteen other states that have adopted laws prohibiting employers from requesting usernames and passwords to access an employee’s or job applicant’s social media accounts, including Facebook® and Twitter®.

On Tuesday, August 20, 2013, the Wisconsin Senate Committee on Judiciary and Labor held a public hearing to discuss a bipartisan bill that would prohibit employers from accessing and monitoring the personal internet accounts of employees and job applicants….

Continue Reading →

Supreme Court Adopts Narrow Definition of "Supervisor" in Context of Workplace Harassment Cases

On June 24, 2013 the Supreme Court of the United States issued a decision in Vance v. Ball State University, in which it defined narrowly what it means to be a “supervisor” in the context of workplace harassment claims. The Court’s decision in Vance has been a long time coming and offers long awaited guidance…

Continue Reading →

Seventh Circuit Reverses Course on Employer's ADA Reasonable Accommodation Obligations

In EEOC v. United Airlines, the Court of Appeals for the Seventh Circuit held that an employer, as part of its reasonable accommodation obligations under the Americans with Disabilities Act (“ADA”), must reassign a disabled employee to an open and available position regardless of whether there might be a better or more qualified applicant for […]

Continue Reading →

Fifth Circuit Finds Firing a Woman for Expressing Breast Milk is Sex Discrimination

The U.S. Court of Appeals for the Fifth Circuit recently held that firing a female employee because she is lactating or expressing breast milk constitutes sex discrimination in violation of Title VII of the Civil Rights Act. Title VII of the Civil Rights Act prohibits discrimination on the basis of sex, which, until Congress enacted […]

Continue Reading →