Consider this scenario – a male manager tells his female subordinate that he is requiring her to allow a third party to take nude pictures of her but if she prefers, she can instead elect to be groped by a total stranger. This is part of her job and if she refuses she could be terminated or face other adverse action, e.g. discipline or demotion. That manager should be fired immediately, you say? How about this scenario: a male manager tells his female subordinate that he is requiring her to take a commercial airline flight to visit a customer. That one happens every day and could hardly be objectionable, or could it?
It’s been a while since I have posted a Labor Law Movie Review and watching 9 to 5 is not something that will make me jump at the chance to do these more regularly. A little too over the top campy for my tastes, but it does provide some interesting historical perspective.
Today, the Sixth Circuit issued a decision in Bates v. Dura Automotive Systems, Inc. that may appear to be of interest to employers who have or want to implement drug testing programs. Unfortunately, the decision is of limited use in predicting future outcomes because, among other things, it is extremely narrow and was decided without reference to the ADAAA, having arisen before the amendments took effect. Regardless, it is worth a look as it will be touted as a win for employers and some may be misled about its significance.
Topics/Tags
Select- Labor & Employment Law
- Labor Law
- Employment Law
- Department of Labor
- Department of Justice
- Discrimination
- EEOC
- Workplace Violence
- NLRB
- Department of Homeland Security
- Immigration and Customs Enforcement
- Non-Compete Agreements
- Foreign Nationals
- Immigration and Nationality Act
- Religion Discrimination
- Title VII
- Coronavirus
- Reasonable Accommodation
- Pregnancy Discrimination
- Diversity
- NLRA
- National Labor Relations Board
- Wage & Hour
- Privacy
- Artificial Intelligence
- Inclusion
- LGBTQ+
- FLSA
- Overtime Pay
- Federal Trade Commission
- Employee Benefits and Executive Compensation
- FMLA
- Arbitration
- Workplace Accommodations
- Employment Litigation
- IRS
- Litigation
- Medical Marijuana
- Social Media
- Employer Policies
- Americans with Disabilities Act
- Disability Discrimination
- Retirement
- National Labor Relations Act
- Accommodation
- Sexual Orientation Discrimination
- Race Discrimination
- OSHA
- Employer Handbook
- ERISA
- Medical Cannabis Dispensaries
- ADAAA
- Whistleblower
- Unions
- ACA
- Affordable Car Act
- United States Supreme Court
- Employer Rules
- Sexual Harassment
- Technology
- Federal Arbitration Act
- Transgender Issues
- Disability
- 401(k)
- Employment Settlement Agreements
- Sixth Circuit
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Benefits
- Paycheck Protection Program
- Class Action Litigation
- Disability Law
- Gender Identity Discrimination
- Posting Requirements
- E-Discovery
- Evidence
- Securities Law
- Family and Medical Leave Act
- Health Savings Account
- Preventive Care Benefits
- Environmental Law
- SECURE Act
- Privacy Laws
- US Department of Labor Employee Benefits Security Administration
- Representative Election Regulations
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Affirmative Action
- Electronically Stored Information
- Equal Opportunity Clause
- Telecommuting
- Compensable Time
- Occupational Safety and Health Administration
- Security Screening
- Supreme Court
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Unemployment Insurance Integrity Act
- American Medical Association
- Attendance Policy
- Classification
- Fair Minimum Wage
- Federal Minimum Wage
- Misclassification
- Return to Work
- Seniority Rights
- State Minimum Wage
- Wage Increase
- Confidentiality
- Disability Leave
- Equal Pay
- Genetic Information Discrimination
- Media Policy
- National Origin Discrimination
- Retaliation
- Social Media Content
- Antitrust
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
Recent Posts
- ICE Raids and Audits – What’s an Employer to Do
- New Online Registration Requirements for Foreign Nationals
- Workplace Violence: Are You Taking Required Steps to Protect Your Employees?
- EEOC & DOJ New Guidance on DEI-Related Discrimination: What Does it Mean for Employers?
- EEOC Targets 20 Large Law Firms regarding DEI related Employment Practices
- Ohio Senate Bill 11: Key Provisions and Implications for Employers
- Shifting Burdens: Is McDonnell Douglas Past Its Prime?
- Uncertain Ground: The NLRB, EEOC, and the Fallout of Presidential Firings
- UPDATED: What’s Next for the Department of Labor? The Confirmation of Lori Chávez-DeRemer
- Diversity, Equity, and Inclusion: Where Things Stand in Response to Actions Taken by President Trump