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Nursing mother may have been fired due to conflict over lactation accommodations

December 19th, 2017

By Cynthia L. Hackerott, J.D.
Fired from her job after several months of conflict with her supervisors about whether she must use a designated lactation room to express milk, an employed nursing mother could proceed to trial on her Title VII and Connecticut Fair Employment Practices Act (CFEPA) discrimination and retaliation claims, a federal district court [Read more...]

Hospital worker’s flu vaccine refusal wasn’t based on religious belief; he can’t revive bias claim

December 18th, 2017

By Marjorie Johnson, J.D.
A hospital employee who was fired because he refused to be inoculated against the flu failed to revive his Title VII religious discrimination claim. His belief that the vaccine might do more harm than good, while sincere and strongly held, was not protected by Title VII since it was not religious in [Read more...]

3-2 NLRB overrules Browning-Ferris; to be joint employer, exercise of control must be direct and immediate

December 18th, 2017

By Ronald Miller, J.D. and Lisa Milam-Perez, J.D.
With the clock ticking on NLRB Chair Philip Miscimarra’s December 16 departure and emboldened by a Republican majority, finally intact, a divided NLRB, in a 3-2 decision, overruled its controversial 2015 decision in Browning-Ferris Industries, which expanded the scope of joint-employer liability, and returned to the Board’s pre-Browning-Ferris [Read more...]

Divided NLRB adopts new standard for when neutral workplace policies violate employee rights

December 18th, 2017

By Kathleen Kapusta, J.D. and Lisa Milam-Perez, J.D.
In a 3-2 decision, the NLRB overruled its Lutheran Heritage Village-Livonia standard governing whether facially neutral workplace rules, policies, and employee handbook provisions unlawfully interfere with the exercise of rights protected by the NLRA. In place of the Lutheran Heritage “reasonably construe” standard, the Board established a new [Read more...]

Overturning DuPont, full NLRB clarifies ‘past practice’ unilateral change doctrine

December 18th, 2017

In another 3-2 decision, this one involving Raytheon Network Centric Systems, the fully constituted NLRB has issued a ruling addressing bargaining obligations required before an employer implements a unilateral “change” in employment matters. Consistent with other Board cases dating back to 1964, the Board held that actions do not constitute a change if they are [Read more...]