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5 for the RoadWorkplace Trends – What is Hot and What is NotJoel R. HlavatyFRANTZ WARD, LLP, Cleveland, Ohiojhlavaty@frantzward.comLisa A. KrupickaBURCH, PORTER & JOHNSON, PLLC, Memphis, Tennesseelkrupicka@bpjlaw.com1. Employers need to be careful in using an individual’s criminal history whenmaking employment decisions, as any information used must be job related andconsistent with business necessity. The recommended approach is to use anindependent assessment that considers several factors relating to the position atissue and an individual’s criminal background.2. Franchisors and franchisees need to be aware that they may be found by theNational Labor Relations Board to be joint employers where the totality of thecircumstances demonstrate the franchisor wields day-to-day influence over theworking conditions of the franchisee’s employees.3. In light of the increased protections being afforded to members of the lesbian,gay, bisexual and transgender (“LGBT”) community, employers should reviewtheir employment policies and provide training to all employees and managersregarding the fair and non-discriminatory treatment of LGBT employees.4. Employers should review their policies and practices relating to an employee’suse of social media during non-working hours so as not to violate an individual’srights under the National Labor Relations Act.5. The EEOC’s Pregnancy Discrimination Guidelines caution employers that whilepregnancy is not a disability, pregnancy-related complications may be adisability, and that pregnant employees must be accommodated to the extentthat non-pregnant employees are accommodated.March 5, 2015© 3-5-2015 ALFA International