Posts

Eighth Circuit: Intent Matters in Whistleblower Retaliation Claims under FRSA

APPLIES TO

All Employers with AR, IA, MN, MI, NE, ND, and SD Employees

EFFECTIVE

January 30, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Federal Railroad Safety Act (FSRA) prohibits rail carriers from retaliating against employees who engage in protected activities.  In Dakota, Minnesota and Eastern Railroad Corp. v. the Department of Labor, the Eighth Circuit stated that claimants must show intention to discriminate in a whistleblower retaliation case subject to AIR21 regulations.  Although this is not novel case, it is consistent with the view that claimants must show the protected activity was a contributing factor to an adverse employment action.

Read more

Illinois: Expanded Protections for Organ Donors on Leave

APPLIES TO

All Employers with IL Employees

EFFECTIVE

January 1, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Illinois’s existing Organ Donor Leave Act has been amended by the Living Donor Protection Act (HB 2847).  Specifically, the amendments add anti-retaliation protections designed to discourage adverse employment actions from being taken against employees who request leave.

Read more

Massachusetts: Denying Lateral Transfer May be Considered Discriminatory

APPLIES TO

All Employers with MA Employees

EFFECTIVE

January 29, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Yee v. Massachusetts State Police, the state Supreme Judicial Court stated that by not granting Yee, a self-identified Chinese Asian-American, a lateral transfer from one Troop to another in the State Police, while granting the same transfer to Caucasian employees, his employer caused an “adverse employment action.” Specifically, Yee claimed the transfer would have afforded him additional opportunities for compensation for working overtime and on details. The Court stated that an adverse employment action is not limited to denial of a promotion, but includes a material difference in the terms, conditions, or privileges of employment.

Read more

Ninth Circuit: Fair Credit Reporting Act Pre-Adverse Action Notice Is a Procedural Requirement and Not an Actionable Right

APPLIES TO

Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and Northern Mariana Islands Employees

EFFECTIVE

July 13, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Dutta v. State Farm, the Ninth Circuit Court of Appeal stated that an employee did not have standing to sue a prospective employer for failing to comply with the pre-adverse action notice requirements under the Fair Credit Reporting Act (FCRA). The FCRA requires employers to give applicants notice before they take any adverse employment action based on the results of a consumer report (e.g., credit report). This requirement is meant to give the applicant an opportunity to contest or correct information in the credit report. After providing such pre-adverse action notice and certain timing requirements are met, an employer may then take the adverse action if it still intends to do so.

South Carolina: New Expungement Law Allows Applicants to Remove Minor Criminal Convictions

APPLIES TO

All Employers with SC Employees

EFFECTIVE

December 27, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

While South Carolina does not have its own statewide “ban-the-box” law, its legislature recently overrode the Governor’s veto and passed a new bill to expand the current expungement law.  This bill will allow individuals to more easily remove minor criminal convictions from their records.

Currently, individuals can expunge first-offense, low-level crimes carrying a sentence of 30 days or less after a period of good behavior.  The new law removes the first-offense requirement and permits multiple convictions arising from the same sentencing if they are “closely connected.”  In addition, first-offense simple drug possession and distribution crimes may be expunged.  Significantly, the expanded scope of the expungement law can be applied to offenses committed prior to the law’s passage.

Additionally, employers who do become aware of an expunged offense may not take adverse employment action against the applicant/employee on the basis of that knowledge.  Employers should refrain from seeking information about expunged offenses during the hiring process.

With the new law, employers will not be able to obtain information on applicants’ expunged offenses.  However, the law provides immunity to employers for administrative claims or lawsuits related to expunged convictions, offering a potential level of protection against negligent hiring, retention, or supervision claims.

Action Items

  1. Have hiring managers trained on the expanded scope of expungement regulations.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2018 ManagEase