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BT Currents - Hot Topics in Employment Law
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20 Feb Sexual Harassment 2.1: Keep Up, We Are Moving Fast…

Last week I wrote a post elsewhere updating business people on the latest developments arising from the tsunami of high–profile harassment reports and allegations in recent months. The bottom line:  we have had relatively few changes so far (this aspect of this year’s federal tax law a notable exception), but it seems almost certain there will be. For literally decades employers could protect themselves from most harassment claims with a good policy (easy), appropriate training (pretty easy), and responding appropriately to complaints of harassment (not necessarily…

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18 Dec On Second Thought … State Supreme Court Questions Key Noncompete Drafting Strategy

  As I have written here many times, a key dynamic in the drafting and enforcement of noncompete agreements are the distinctions between different states’ laws. Therefore, it is a big deal when a state Supreme Court rules on one of the key issues in the area of noncompete law, as typically happens two to three times per year. The North Dakota Supreme Court recently issued a decision calling into question choice of forum (or venue) clauses as a tool to maximize the enforceability of noncompete agreements….

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07 Nov (Informal) Survey Says: Most Employers Not Waiting for Courts to Decide Whether Title VII Covers Sexual Orientation

  As we have discussed here and here at Currents, one of the hotly contested employment litigation issues of our decade is whether Title VII’s prohibition on discrimination “because of sex” prohibits discrimination on the basis of sexual orientation. Sex discrimination was an afterthought when Title VII was passed in 1964, added late in the Congressional process (reportedly added by opponents who thought it would cause Title VII to fail), and it is unquestioned that Congress was not thinking about sexual orientation at the time. Since that…

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30 Sep Ohio ‘Reverse’ Racial Discrimination Ruling Reinforces Employers’ Advantage in Constructive Discharge Cases

  Our clients are typically employers, but this decision from the U.S. Court of Appeals for the Sixth Circuit (the appellate court for Ohio, Michigan, Kentucky and Tennessee) on Sept. 28 illustrates one piece of advice we would give an aggrieved employee if asked: Don’t quit! (We’re not changing sides, by the way.)   Steve Fletcher, a white registered nurse, sued his employer alleging racial discrimination, and his story has many hallmarks of discrimination cases we see every day:   A new supervisor who, it…

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29 Sep The Gradual But Decided Shift to a Much More Complex World of Employment Law

  On Oct. 4, my colleagues (and fellow Currents bloggers) Jeanine Gozdecki and Doug Oldham will be presenting a program focused on increasing complexity in the employment law arena. Employment law accelerated in the 1960s when Title VII of the Civil Rights Act was passed, as well as many similar state discrimination laws. At that time, things seemed pretty cut and dried – treat people equally to avoid liability. Many factors have made the world of employment law far more complicated since then:   The number of protected…

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