Employment (Copy)

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Current Events:

Fair Labor Standards Act:

In Kasten v. Saint-Gobain Performance Plastics, Corp., 131 S.Ct. 1325 (2011), the United States Supreme Court held the scope of a retaliatory discharge complaint encompasses oral, as well as written complaints of Fair Labor Standard Act violations.

What this means for credit unions: When an employee makes oral complaints of possible legal violations, they must be taken seriously. If an employee complains to a supervisor or Human Resources, for example, the complaints must be documented and addressed. A credit union needs to ensure it has appropriate policies to address grievances and whistle blowing.

Age Discrimination in Employment Act:

In Dediol v. Best Chevrolet, 655 F.3d 435 (5th Cir. 2011), the Fifth Circuit for the first time recognized an employee may bring a hostile work environment claim in the ADEA for ageist comments. Discrimination based upon a hostile work environment traditionally applied only to Title VII claims.

What this means for credit unions: This case may be used as an example in other circuits to expand the discrimination claim under the ADEA to include a hostile work environment claim.

Topics covered in the Employment Channel:

The following topics are covered in the Employment Channel.