Follow Us
twittergoogle_pluslinkedinrssyoutube
Subscribe to the BT Currents Blog

By signing up, you agree to our Terms of Service and Privacy Policy.

Recent Posts
The Legal Stuff
BT Currents - Hot Topics in Employment Law

08 Jul Employers Should Use Care to Avoid Discrimination When Using Temporary Staffing Agencies

Employers that use staffing agencies to fill temporary work assignments should be prepared to meet the challenges inherent in such relationships for purposes of compliance with Title VII, as illustrated by the EEOC’s litigation against a small manufacturer in Illinois. Although the Illinois manufacturer claimed it was not subject to Title VII because it had fewer than the statutory minimum 15 employees, the EEOC argued that temporary employees needed to be counted. The EEOC contended that the employer should be held liable if the actions…

0 0
READ MORE

25 Jun Supreme Court Endorses Narrow Definition of “Supervisor” in Discrimination Claims

On Monday, June 24, 2013, the Supreme Court provided clarity for lower courts and employers when it ruled that an employer may be vicariously liable for a supervisory employee’s harassment (to the extent that it did not culminate in a tangible adverse employment action) only when the employer has empowered the employee to take tangible employment actions against the alleged victim of the harassment. And in the process, the Court soundly rejected the EEOC’s enforcement guidance as “nebulous” and unpersuasive. While the ruling in Vance…

0 0
READ MORE

30 May The Trouble With The So-Called “Equal Opportunity Harasser” – Another Cautionary Case

Under Title VII, if a supervisor is obnoxious and abusive to everyone in the workplace, subjecting women and men alike to a barrage of insults, vulgar innuendo, and sexual propositions, the employer is not liable for hostile work environment sexual harassment under Title VII. The rationale is that if a person is an “equal opportunity harasser” then the harassment is not “because of sex” and thus Title VII provides no remedy. Therefore, the equal-opportunity harasser defense may let employers off the hook for liability for sexual harassment, depending…

0 0
READ MORE

17 Apr Employment Rule Book’s Silence Does Not Overcome Presumption of At-Will Employment

The concept of at-will employment remains alive and well in Illinois, at least as expressed by the U.S. Court of Appeals for the Seventh Circuit. In a recent ruling in favor of a municipal employer, the Court of Appeals examined the extent to which an employment rule book could alter the at-will employment relationship into one in which the employee could have a right to continued employment absent “cause” for discipline or termination. In Cromwell v. City of Momence, the Appellate Court rejected the argument…

0 0
READ MORE

02 Apr U.S. Supreme Court to Consider Application of ADEA to State and Local Workers

The U.S. Supreme Court has agreed to hear an appeal from Illinois Attorney General Lisa Madigan on the issue of whether state and local government employees can bypass the Age Discrimination in Employment Act and sue for age discrimination under an equal protection theory. The case is Madigan v. Levin, Docket Number 12-872. Appellate courts are split on whether the ADEA is the exclusive route for state and local government employees to bring a claim for age discrimination, or whether an equal protection claim via…

0 0
READ MORE