GFOA-MO Winter Conference Employment Law Update Round 2

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2 GFOA-MO Winter Conference Employment Law Update Round 2 Presented by: Bryan D. LeMoine, Esq. Polsinelli Shughart PC 7733 Forsyth Blvd., 12 th Floor Clayton, Missouri (314)

3 Employment Law Update Round 2 Remember our task avoid the lawyer droning on endlessly about new laws and potential legislation that may never occur To facilitate our making this task happen, I am bringing out my version of trying to make employment law fun And if you don t like jeopardy, perhaps you can be bought because I have prizes

4 Agency Enforcement Litigation Problems Trouble Cometh To Leave or Not to Leave

5 Agency Enforcement for 10 This agency recently picked up enforcement of the Genetic Information Nondiscrimination Act, and also enforces laws protecting employees from discrimination on the basis of their race, gender and disability.

6 Agency Enforcement for 10 What is the Equal Employment Opportunity Commission?

7 Agency Enforcement for 20 This agency enforces claims that an employer failed to pay employees for all hours worked or for overtime.

8 Agency Enforcement for 20 What is the Department of Labor?

9 Agency Enforcement for 30 The information you provide to the EEOC during an administrative investigation is an open record under this law.

10 Agency Enforcement for 30 What is the Freedom of Information Act?

11 Agency Enforcement for 40 The EEOC has stepped up enforcement of these laws which relate to preemployment testing by employers.

12 Agency Enforcement for 40 What are Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act?

13 Agency Enforcement for 50 This process is required before the EEOC can proceed to file suit against an employer based on alleged violation of one of the laws the EEOC enforces.

14 Agency Enforcement for 50 What is the conciliation process?

15 Litigation Problems for 10 Section 1981 provides for this type of claim according to the United States Supreme Court in CBOCS West, Inc. v. Humphries.

16 Litigation Problems for 10 What is retaliation?

17 Litigation Problems for 20 The Missouri Supreme Court recently clarified in Hill v. Ford Motor Co. that a supervisor has this kind of liability for actions that violate the Missouri Human Rights Act.

18 Litigation Problems for 20 What is personal? This case is also important for another reason it further differentiates Missouri law from Title VII related to the burden of proof.

19 Litigation Problems for 30 An employee may be able to bring this type of claim if he or she has to work in an environment filled with raunchy talk even if the talk is not specifically directed at that employee.

20 Litigation Problems for 30 What is a hostile work environment claim?

21 Litigation Problems for 40 A Federal Appeals Court allowed a claim against Anheuser-Busch to go forward, overturning the lower court s order dismissing the claim, because AB did this after one co-worker retaliated against another co-worker.

22 Litigation Problems for 40 What is nothing?

23 Litigation Problems for 50 Many employers have failed to adopt this type of policy which is a necessity in dealing with discovery requests and complying with new rules related to preservation of information.

24 Litigation Problems for 50 What is a record retention policy?

25 Trouble Cometh for 10 Under the Pregnancy Discrimination Act, an employer may not discriminate against someone who has had one of these.

26 Trouble Cometh for 10 What is an abortion?

27 Trouble Cometh for 20 This bill, recently passed by the U.S. House of Representatives, is designed to strengthen the Equal Pay Act by improving remedies, facilitating class actions, prohibiting employer retaliation, limiting employer s affirmative defenses, and modifies the establishment requirement.

28 Trouble Cometh for 20 What is the Paycheck Fairness Act?

29 Trouble Cometh for 30 This law would change the requirement related to when an employer must accommodate an employee s religious belief.

30 Trouble Cometh for 30 What is the Workplace Religious Freedom Act?

31 Trouble Cometh for 40 In Missouri, employers who hire these face significant consequences, including the possible revocation of their right to do business.

32 Trouble Cometh for 40 What is employ an illegal worker?

33 Trouble Cometh for 50 Participation in this activity affords an employee protection under Title VII according to the United States Supreme Court in Crawford v. Nashville during an employer s internal investigation.

34 Trouble Cometh for 50 What is cooperating during an investigation?

35 To Leave or Not to Leave for 10 A person caring for a member of the armed forces wounded in combat is entitled to this kind of leave.

36 To Leave or Not to Leave for 10 What is military caregiver leave?

37 To Leave or Not to Leave for 20 A person whose physician provides documentation suggesting that a person has a serious health condition requiring them to be absent from work irregularly may be entitled to this kind of leave.

38 To Leave or Not to Leave for 20 What is intermittent leave?

39 To Leave or Not to Leave for 30 Employees must do this when they know in advance that they are going to need FMLA leave?

40 To Leave or Not to Leave for 30 What is give the employer thirty days notice?

41 To Leave or Not to Leave for 40 This law provides that an employer may be required to give an employee leave even if the FMLA may not apply or may not cover the employer?

42 To Leave or Not to Leave for 40 What is the Americans with Disabilities Act?

43 To Leave or Not to Leave for 50 One of your employees with performance problems comes to you and states he is having difficulty concentrating and has been diagnosed with attention deficit disorder. As an employer, you must do this.

44 To Leave or Not to Leave for 50 What is engage in the interactive process?