Month: March 2013

FACEBOOK POSTINGS AND OTHER SOCIAL MEDIA MAY BE PROTECTED ACTIVITY, ACCORDING TO THE NATIONAL LABOR RELATIONS BOARD

In a series of recent rulings and advisories, labor regulators have declared some terminations relating to social media communications, as well as certain social media policy restrictions, to be unlawful. In a decision with potential major repercussions, the National Labor Relations Board  (NLRB) recently considered an employer’s termination of five employees who posted comments on …

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SANCTIONED BY COURT FOR FAILING TO PRODUCE SOCIAL MEDIA EVIDENCE

In EEOC v. Original Honey Baked Ham Company of Georgia, Inc., which is presently being heard in federal court in Colorado, the Equal Employment Opportunity Commission (EEOC) commenced a lawsuit on behalf of a class of current and former employees asserting sexual harassment and retaliation.  During discovery, the employer requested the class members’ social media …

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION CRACKING DOWN ON UNNECESSARILY BROAD CRIMINAL BACKGROUND CHECKS

The Equal Employment Opportunity Commission (EEOC) has been pursuing employers whom it believes overstep legal boundaries when conducting criminal background checks.  This is a cause for concern for employers, since an estimated ninety-two (92%) percent of organizations conduct criminal background checks on their applicants. Two recent settlements make it clear that if your company has …

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CHRONIC ILLNESSES AS DISABILITIES

The Equal Employment Opportunity Commission (EEOC) recently obtained a $50,000 settlement on behalf of an employee for America’s Thrift Stores of Alabama who allegedly was refused a reasonable accommodation and fired because of her chronic illness, degenerative joint disease. The EEOC claimed that the employee had a good work record, but once she requested accommodations …

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