Recent cases out of the Courts of Appeals for the Second and Eleventh Circuits highlight the risk employers run when monitoring or punishing employees for their social media activity. In both cases, the courts found that employers who had terminated employees based on their social media activity were subject to sanctions under federal law. In…

On March 10, 2017, in Evans v. Georgia Regional Hospital, the 11th Circuit Court of Appeals held that sexual orientation discrimination is not actionable under Title VII. The 11th Circuit joined nine other federal circuit courts to deny such an action. While the circuit court held Title VII sexual orientation discrimination claims cannot be maintained,…

In November 2016, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). The EEOC characterizes national origin discrimination as discrimination because an individual (or his or her ancestors) is from a certain place or has the physical, cultural, or…

By Diane L. Bellquist, J.D. When you hear the term “impaired provider,” you may think of the doctor who practices under the influence or who has hit rock bottom to the point he or she can no longer function to hold the practice together.You may be surprised by what the impaired provider label encompasses. Case…

Employers are now armed with an avenue to pursue a federal civil suit for misappropriation of trade secrets. The Defend Trade Secrets Act of 2016 (“DTSA”) was enacted in May 2016 and creates a private civil cause of action for misappropriation of trade secrets. Misappropriation of trade secrets has been a federal crime for over…

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