Labor & Employment Law Update - July 2008

07/01/2008

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Minnesota Supreme Court Rules Federal Law (Title VII) Regarding Employer’s Effective Complaint Procedure and Policy Against Sexual Harassment May Limit Liability
By Bruce Douglas and Carrie Zochert
 
“…employers may avoid liability by implementing effective sexual harassment policies and training, establishing clear complaint procedures requiring employees to report incidents of sexual harassment, promptly investigating reports of harassment, and taking remedial action to end further harassment.”
 
  
United States Supreme Court Rules Employers Have Burden to Show Actions and Procedures Based on Reasonable Factors Other than Age
By Julia Halbach
 
On July 19, 2008, the United States Supreme Court issued its decision in Meacham v. Knolls Atomic Power Laboratory.  The Supreme Court held that an employer who takes an employment action that has a disproportionately negative impact on workers over the age of 40 bears the burden of showing that the practice was undertaken based on a “reasonable factor other than age.”
 
 
New Federal Discrimination Law: The Genetic Information Nondiscrimination Act
By Daniel Ballintine*
 
Effective November 21, 2009, the new Genetic Information Nondiscrimination Act (GINA) will prohibit discrimination on the basis of an individual’s genetic information, and will also impose certain confidentiality obligations upon employers.  It is important to inform employees who handle human resource issues or maintain personnel records about GINA’s requirements and also to make relevant changes to your personnel policies.
 
 
United States Supreme Court Decision Permits Claims of Retaliation in Racial Discrimination Cases
By Carrie Zochert
 
On May 28, 2008, the United States Supreme Court issued its decision in CBOCS West, Inc. v. Humphries, holding that section 1981 of the Civil Rights Act of 1966 permits claims of retaliation by those pursuing racial discrimination claims under the statue.
 
 

   




This alert is provided as a service to our clients and firm associates.  While the information provided in this publication is believed to be accurate, it is general in nature and should not be construed as legal advice.
 
 
Contact our Labor & Employment Law Attorneys:
 
Bruce J Douglas
Adam S Huhta
Cynthia M Klaus
Sejal Desai Winkelman
Alan E Brown
Carrie L Zochert
Julia H Halbach
Willow J Anderson
Peter Carlson