Legislative Alert
EEOC's new retaliation guidance should concern you - and here's why
It's about to get easier for employees to cry "retaliation!"  For the first time since 1998, the EEOC has issued enforcement guidance on what it considers workplace retaliation.

In a 76-page document entitled, "Enforcement Guidance on Retaliation and Related Issues," the agency outlines the standards it plans to use to prove retaliation under civil rights and anti-discrimination laws. So far, the guidance is just a proposal (the EEOC's accepting comments on it until Feb. 24). But make no mistake about it, this is a clear indication of how the agency plans to play ball in this area for years to come.


Timing bars applicant's claim that reporting agency wrongfully disseminated his criminal background report
Finding that the Fair Credit Reporting Act's (FCRA) two-year statute of limitations barred a job applicant's lawsuit, the Sixth Circuit affirmed a district court's grant of summary judgment against the plaintiff's suit alleging an employer wrongfully obtained a background report on him, and that a consumer reporting agency wrongfully disseminated the report. Because the plaintiff had not contested the accuracy of his credit report, the dispute process contained in 15 U.S.C. Sec.1681s-2(b) had no relevance to his claim and did not affect the applicable statute of limitations (Rocheleau v. Elder Living Construction, LLC, February 18, 2016, Siler, E.).

  When is Termination Permitted under Leave Laws?
Employee terminations must always be handled carefully, but when the employee you're planning to terminate is protected by or taken leave under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), it can make an already tricky situation that much trickier. So, while details of specific situations should be examined individually, here are some guidelines regarding when termination is permitted under each of these leave laws.

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