Management Update
Volume 1, Issue 4
May 2012
REGISTER: Management Update Briefing, May 17, 2012

Breazeale, Sachse & Wilson, L.L.P. presents Management Update Briefing, a half-day labor and employment law seminar.

Thursday, May 17, 2012
8:30-11:30 a.m.


Breazeale, Sachse & Wilson, L.L.P.

LL&E Tower, Suite 1500 

909 Poydras Street

New Orleans, Louisiana 70112-4004



$15.00 per attendee



"The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit."




8:15-9:00 - Registration

9:00-9:20 - Introduction

E. Fredrick Preis, Jr. 

9:20-10:00 - Unemployment Claims - How to Protect Your Company's Interests

Joseph R. Hugg 

10:00-10:40 - Workplace Privacy in the Digital Age

Eve B. Masinter 

10:40-11:00 -Break

11:00-11:40 - Successfully Navigating of the Intersection of the FMLA the ADA and Workers' Compensation

E. Fredrick Preis, Jr. 

11:40-12:00 - Question & Answer Session




E. Fredrick Preis, Jr. 

Eve B. Masinter 

Joseph Hugg 


UPDATE: DC Circuit BLOCKS NLRB Posting Rule

Maryland Bans Employers from asking for Social Media Passwords

Effective October 1, 2012, Maryland has surfaced as the first state to officially ban employers from asking current or potential employees for their log-in information for their own personal social media sites. This has become a popular issue within other states as well, and many lawmakers have introduced legislation to limit social media access as an employer. Although no Federal Law has been introduced, it has been requested to the Department of Justice and the Equal Employment Opportunity Commission.

The EEOC Guidance on Criminal Background

Criminal background checks limit minority job opportunities since minorities have a higher arrest and conviction rates than their white peers. The updated policy on criminal background checks issued by the Equal Employment Opportunity Commission's (EEOC) is an effort to level the playing field.


The new policy was approved in a 4-1 vote. Employers say the new policy makes it more expensive and more complicated to conduct background checks.

The new standard asks employers to give applicants a chance to explain their past criminal record before rejecting their application.


Employers have used background checks to protect their customers and to prevent hiring objectionable workers. The EEOC also reminds employers that an arrest without a conviction is not an acceptable reason to reject an applicant.


The new policy does not have the force of regulations, but it explains how employers can avoid violating the law.

EEOC Opinion Says Title VII Protects Transgender Workers

The EEOC issued a ruling giving transgendered individuals federal protection against employee discrimination. According to Title VII of the Civil Rights Act, as interpreted by the EEOC, employers who discriminate against employees or job candidates on the terms of sexual identity can be in violation.


If this opinion is adopted by the courts, Title VII would now protect transgendered people from discrimination in the work place. The implications of this rule are game changing, and will set a precedent for both private and public employees across the country.


If a transgendered person is denied or fired from a job, he or she may have legal recourse and be protected by the federal law. Should a transgendered individual file a complaint to the EEOC, and the EEOC finds it merit, the EEOC has the legal right to sue the company for employee discrimination under Title VII. This ruling has the right to impact the legal system for transgender-discrimination. Companies who are already in jurisdiction for identity-discrimination are taking steps backwards to dodge hefty lawsuits by ensuring discrimination does not occur in the work place.

President Obama Favors Passage of Employment Non-Discrimination Act (ENDA)

President Obama will not issue an executive order banning discrimination against LGBT people who work for federal contractors. Instead, the administration favors the passage of the Employment Non-Discrimination Act (ENDA). ENDA is a bill that prohibits employment discrimination on the basis of sexual identity. However, this bill has been in Congress for two decades now and does not have much momentum, which is why an executive order was requested.


Press Secretary, Jay Carney, told reporters, "[t]he president is committed to lasting and comprehensive nondiscrimination protections, and we plan to pursue a number of strategies to attain that goal." This refusal has upset the LGBT community, who are nowhere near the end of their battle.


New Jersey Congressman, Frank Pallone, agreed that Congress should take the necessary steps to pass ENDA; however, there should be an "executive order signed so federal dollars do not go to contractors without strong policies prohibiting discrimination."

Labor Market Slowly Improving This Year

Although the unemployment rate remains slightly above eight percent, there is still prosperity within the job market. Over the past three months, the average employment growth has been 212,000 jobs per month, decreasing the unemployment rate by .01 percent. The escalation in job availability was due partly to the mild winter and seasonal adjustments. With job gains averaging 163,000 jobs per month for the rest of 2012, the unemployment rate will fall below eight percent by the end of the year. Since this is solid growth, this will attract new workers and absorb the unemployment rate.


A more precise look at job growth within markets: The largest job gains are in manufacturing with 37,000 new openings, followed by food service and healthcare. The smaller job gains are within professional and technical services.

Breazeale, Sachse & Wilson, L.L.P. Labor and Employment Attorneys


John T. Andrishok 


Murphy J. Foster, III 


Leo C. Hamilton 


Joseph R. Hugg 


Rachael Jeanfreau 


Steven B. Loeb 


Eve B. Masinter 


Yvonne R. Olinde 


E. Fredrick Preis, Jr. 


Melissa M. Shirley 


Jennifer D. Sims 


Jerry L. Stovall 



This electronic newsletter is provided to clients and friends of Breazeale, Sachse & Wilson, L.L.P. The information described is general in nature, and may not apply to your specific situation. Legal advice should be sought before taking action based on the information discussed. Applicable State Bar or Attorney Regulations May Require This Be Labeled as "Advertising."Anchor1