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Volume 5, Issue 7

July 2016

Domestic Violence in the Louisiana Workplace, Part 2: Employment Discrimination

It is not a matter of if, but when an employer will be confronted with a challenging domestic violence-related issue in the workplace. Domestic violence not only causes lost productivity and increased costs for employers, but also raises a host of potential legal obligations and liabilities that employers cannot afford to overlook. In this monthly series, Labor and Employment attorney Rachael Coe will discuss the various ways that domestic violence impacts the Louisiana workplace and what employers need to know in order to protect their employees, their customers, and themselves.

Unlike some states, Louisiana does not currently have an employment discrimination law that deems domestic violence victims as a protected class. However, current State and Federal laws that prohibit discrimination based on sex provide a framework for levying an employment discrimination claim against an employer. These scenarios are not far-fetched-in fact, the EEOC specifically warns that the circumstances surrounding domestic violence can give rise to a Title VII or ADA claim against an employer. Click here to read the full article by Rachael M. Coe.

OFCCP Issues Final Rule Updating Sex Discrimination Guidelines For Federal Contractors

On June 14, 2016 the Office of Federal Contract Compliance Programs (OFCCP) published the Final Rule establishing the obligations of federal contractors covered by Executive Order 11246 prohibiting sex discrimination. Click here to read the full article by Jerry L. Stovall Jr.

EEOC Publishes Guidance Regarding Employee Leave as a Reasonable Accommodation Under the Americans With Disabilities Act

On May 9, 2016, the Equal Employment Opportunity Commission published long-awaited guidance addressing the rights of disabled employees to leave from work as a reasonable accommodation under the ADA. While the guidance fell far short of addressing many of the recurring concerns which employers confront regularly (for example, exactly how much leave can ever be enough), the EEOC did confirm its position relative to the following aspects of employee leave requests under the ADA. Click here to read the full article by Melissa M. Shirley.

Recovering Alcoholic May Proceed with Disability Bias Claim

A federal appeals court has ruled that a mechanic helper for the Washington Metropolitan Area Transit Authority can go forward with his disability bias claim. Carlos Alexander tested for alcohol and was referred to the employee assistance program, but was fired after he found with alcohol in his system again. He was told he could apply to be rehired after one year if he completed a rehabilitation program. However, when he reapplied, the agency said he was ineligible for rehire due to his failure in the employee assistance program. A lower court ruled that Alexander did not have a claim, but failed to consider that his claim could proceed if he could show that the WMATA took prohibitive action because it regarded him as having an impairment.

Health System Cannot Dismiss Transsexual Female Under Title VII

A transsexual female medical assistant extern and member of the Unitarian Unversalist Church was initially told by North Shore - Long Island Jewish Health Systems, Inc. that completion of her externship would lead to a full-time position. However, she was discharged by her supervisor. The court held that the extern's claims are sufficient to survive the motion to dismiss because of her allegations of harassment from the supervisor who fired her. The alleged harassment included being told she was barred from using the women's restroom, she was not allowed to participate in examinations of female patients and told her religion was not recognized by Jesus.

Management Update Briefings