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BT Currents - Hot Topics in Employment Law
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29 Mar 2017 Liability Waiver in Pre-Employment Disclosure Form is Unlawful, Says Ninth Circuit

  In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that a prospective employer violated the disclosure requirements of the Fair Credit Reporting Act (FCRA) by including a liability waiver in a job applicant’s pre-employment form. The provision of the FCRA at issue – 15 U.S.C. § 1681b(b)(2)(A) – requires prospective employers to disclose “in a document that consists solely of that disclosure” that they may obtain a job applicant’s consumer report as part of the employment application…

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08 Mar 2017 Transgender Bathroom Case Sent Back to Lower Courts by Supreme Court

  On March 6, 2017, the Supreme Court canceled scheduled arguments in a case involving the bathroom rights of transgender students in public schools. The Court sent the case back to the 4th Circuit to reconsider the issue in light of the Department of Justice and Department of Education rescinding Obama-era guidance clarifying protections for transgender students.   The case, Gloucestor County School Board v. G.G., involved a transgender high school student seeking to use the boys’ restrooms at his high school. The plaintiff –…