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Posts in Court Rulings.
By Lauren Daming on February 27, 2018 at 1:54 PM

Word "confidential" written on shredded paperA National Labor Relations Board administrative law judge in February struck down two provisions in a severance agreement relating to confidentiality and participation in third-party claims. In Baylor University Medical Center, the administrative law judge (ALJ) concluded that these provisions violated the National Labor Relations Act (NLRA) because they had the effect of restricting protected conduct and were not justified by any countervailing concerns. The ALJ relied on the board’s recent Boeing Company decision that outlined a new framework for reviewing employer policies.

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"2017" and "2018" written on metal wheelsThe federal employment law landscape saw some interesting developments in 2017, as well as some anticipated changes that were ultimately halted or delayed. Below is a summary of major federal employment law headlines and a look at what employers can expect in 2018.

For Missouri and Illinois employers specifically, a review of 2017 updates and a look forward at 2018 can be found here.

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By Amy Blaisdell, Audrie Howard, Jill Luft on November 10, 2017 at 10:52 AM

"ADA, Americans with Disabilities Act" written on a piece of paper with a pencil and stethoscope on top.A recent Seventh Circuit case held that additional leave beyond what is otherwise required by leave entitlement laws is not a reasonable accommodation under the Americans with Disabilities Act. This holding provides important guidance for employers. Continue reading for the details of this case and our recommended best practices in light of its holding.

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By Lauren Daming on September 1, 2017 at 11:40 AM

Word "Overtime" written in white text with a red backrgoundA Texas district court judge struck down the Obama administration’s overtime rule on Aug. 31, 2017, finding that the Department of Labor (DOL) had exceeded its authority in adopting a new salary threshold that would have entitled an estimated 4.2 million workers to overtime compensation.

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By Lauren Daming on April 13, 2017 at 1:30 PM

Hands protecting group of cardboard cut-out figuresIn late March, the U.S. Court of Appeals for the Seventh Circuit revived a lawsuit brought against Home Depot by the mother of a pregnant employee who was killed by her supervisor at a non-work event. Reversing the district court’s decision to dismiss the lawsuit as not stating a viable claim under Illinois law, the Court of Appeals found that Home Depot had a duty to protect its employees from the criminal acts of the supervisor, a known sexual harasser.

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By Camille Toney on April 5, 2017 at 12:53 PM

Two arrows facing the left and one arrow facing the left.In a landmark decision released April 4, 2017, the Seventh Circuit Court of Appeals ruled that Title VII protection extends to sexual orientation. The Seventh Circuit has become the first appeals court to rule in such a manner, directly contradicting the recent decisions of the Eleventh and Second Circuits.

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By Amy Blaisdell, Heather Mehta on January 18, 2017 at 3:40 PM

Supreme Court buildingThe U.S. Supreme Court on Jan. 17 ended a yearlong legal challenge to the enforceability of a forum selection clause in an ERISA-governed benefit plan, when the court denied the plaintiff’s petition for writ of certiorari. The case is Clause v. U.S. District Court for the Eastern District of Missouri, 2017 U.S. Dist. LEXIS 719 (Jan. 17, 2017).

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By Katherine Fechte on August 8, 2016 at 1:25 PM

“Married on Saturday … fired on Monday”: Seventh Circuit holds Title VII doesn’t protect against sexual orientation biasOn July 28, 2016, the U.S. Court of Appeals for the Seventh Circuit ruled in a precedential decision that existing civil rights laws do not protect against sexual orientation discrimination. Although it was a unanimous decision, the court expressed great displeasure and conflict with the “illogical” legal structure in which “a person can be married on Saturday and then fired on Monday for just that act.”

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By Kevin McLaughlin, T. Christopher Bailey on April 11, 2016 at 8:51 AM

A railway company and the business groups that supported its position scored a victory April 5 with the U.S. 8th Circuit Court of Appeals’ decision that obesity is not a covered condition under the Americans with Disabilities Act. The ruling is the latest to support the position that general obesity, without an underlying medical cause, does not warrant protection under the ADA.

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By Katherine Fechte, Kevin McLaughlin on October 30, 2015 at 4:23 PM

On Oct. 28, 2015, the Missouri Court of Appeals for the Western District held that discrimination based on sexual orientation is not prohibited under the Missouri Human Rights Act (MHRA).

James Pittman worked as a controller at Cook Paper Recycling Corp. and alleged he was harassed and eventually terminated because of his sexual orientation. Among other things, Pittman alleged that the president of Cook Paper called him derogatory names because of his sexual orientation. The trial circuit court dismissed Pittman’s claims last February, and he appealed.

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