The Laconic Law Blog

Pithy Commentary on Employment Law in Virginia and Beyond

Are Employees’ Social Media Connections The Property Of Their Employer?

Posted on May 15, 2012 by Eric Welter

A pending lawsuit in Pennsylvania raises the question of whether an employee’s social media connections are the property of the employee or the employer.  More after the break.

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Negligent Hiring Lawsuit Filed For Sexual Assault

Posted on May 9, 2012 by Eric Welter

An employee has filed a negligent hiring lawsuit in Roanoke, Virginia, after a sexual assault in the employer’s parking lot.  The lawsuit claims that had a criminal background check been performed on the alleged attacker, the company would have discovered that he was a sex offender.  Click here for an article on the case.  As noted in the article, there is no independent duty in Virginia to conduct a criminal background check on new hires.

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“Right to Work” Equals Slavery??

Posted on May 8, 2012 by Eric Welter

A union lawsuit against Indiana claims that being forced to work with nonunion workers constitutes “slavery” and is a violation of the Thirteenth Amendment to the U.S. Constitution.  Really?  At least nonunion workers know how their unionized colleagues feel about them now.  Click here to read more. 

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EEOC Jury Verdicts and Settlements — March 2012

Posted on April 30, 2012 by Eric Welter

Our update on EEOC jury verdicts and settlements for March 2012 after the break.

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EEOC Announces New Enforcement Guidance On The Use Of Criminal Background Checks Under Title VII

Posted on April 27, 2012 by Eric Welter

On April 25, 2012, the Equal Employment Opportunity Commission (“EEOC”) announced its new Enforcement Guidance on the use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964.  More after the break.

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Recent Jury Verdicts and Settlements

Posted on April 26, 2012 by Eric Welter

Our latest update on recent employment law jury verdicts and settlements after the break.

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9th Circuit Holds That Attendance Is Essential Function Of Neo-Natal Nursing Position

Posted on April 23, 2012 by Laura B. Chaimowitz

The U.S. Court of Appeals for the 9th Circuit affirmed the entry of summary judgment in favor of a medical center holding that a neo-natal nurse’s request that she be permitted an unspecified number of unplanned absences was not a reasonable accommodation for her disability and regular attendance was an essential function of her neo-natal nursing position.   More after the break.

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Number of “Disabled” Workers Hits New High

Posted on April 20, 2012 by Eric Welter

Investors.com has an article on the explosion in federal disability benefit filings during the Obama administration.  It appears that SSDI has become an extended version of unemployment insurance.  The chart in the article shows the dramatic rise in the number of participants since the loosening of the standard for “disability” in 1984.  Strange coincidence that Congress has also amended the Americans with Disabilities Act to allow almost anyone to claim they are disabled?

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EEOC’s Final Rule on Disparate Impact and Reasonable Factors Other Than Age

Posted on April 19, 2012 by M. Wilson Stoker

On March 30, 2012, the EEOC published a Final Rule on Disparate Impact and “Reasonable Factors Other Than Age” (RFOA) under the Age Discrimination in Employment Act of 1967.  The changes make the existing ADEA regulation consistent with the Supreme Court’s holding that the defense to an ADEA disparate impact claim is RFOA  — not business necessity.  More after the break.

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Implicit Bias Class Action Dismissed

Posted on April 17, 2012 by Eric Welter

In a refreshing breath of sanity, a judge in Iowa has dismissed a race discrimination class action based on the theory of “implicit bias.”  More after the break.

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Offer Of Less Generous Severance Package Can Be Basis For Claim For Discrimination

Posted on April 16, 2012 by Eric Welter

The U.S. Court of Appeals for the Fourth Circuit reversed the dismissal of an employee’s claim of gender discrimination based on a unfavorable severance package offer.  Prudent employers would be well-advised to offer severance benefits in a  non-discriminatory manner to similarly situated employees to avoid this type of claim.  More after the break.

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New Maryland Law Prohibits Employers From Asking Employees For Social Media User Names And Passwords

Posted on April 11, 2012 by Eric Welter

Maryland has become the first state to prohibit employers from requesting or requiring that an employee or applicant disclose any user name, password, or other means for accessing a personal account, such as Facebook.  More after the break.

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EEOC Jury Verdicts and Settlements — February 2012

Posted on April 6, 2012 by Eric Welter

Our update for EEOC jury verdicts and settlements for February 2012 after the break.

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Fourth Circuit Rules Employment Agreement Ambiguous

Posted on April 5, 2012 by Eric Welter

On March 22, 2012, the U.S. Court of Appeals for the Fourth Circuit found an employment contract calling for the company to pay a $100,000 annual benefit to a deceased employee’s surviving spouse to be ambiguous.  The court vacated the district court’s judgment in favor of the company and remanded the case.  More after the break.

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Recent Jury Verdicts and Settlements

Posted on April 3, 2012 by Eric Welter

Our latest update on recent employment law jury verdicts and settlements after the break.

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