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BT Currents - Hot Topics in Employment Law

17 Mar Does Same-Sex Harassment Support Gender Discrimination Claims? Texas Supreme Court to Decide

  The Texas Supreme Court agreed to determine whether a school teacher’s allegations of a hostile work environment by her same-sex superiors can support a claim of gender discrimination in violation of the Texas Commission on Human Rights Act (TCHRA). The court will also decide whether the circumstantial evidence presented to prove the teacher’s retaliation claim is sufficient to support a violation of the TCHRA.   The teacher alleged that a fellow coach began to sexually harass by allegedly making comments about the teacher’s body…

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01 Mar EEOC Subpoena Rejected by Tenth Circuit

  In its opinion issued in EEOC v. TriCore Reference Labs, the U.S. Court of Appeals for the Tenth Circuit offered hope to employers within that Circuit facing overly broad information requests and/or subpoenas from the EEOC. Specifically, the Tenth Circuit upheld the denial of the EEOC’s effort to enforce such a subpoena, weighing in on the boundaries placed on the EEOC’s administrative subpoena powers.   By way of background: In this matter, as part of its investigation into a single charge of sex/pregnancy discrimination…

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21 Feb A Charge-d Atmosphere: A Few Pointers When a Current Employee Files a Charge

  Most employers have had to respond to a discrimination charge filed with the U.S. Equal Employment Opportunity Commission (EEOC) and/or a corresponding state agency. A large percentage of such charges are brought by terminated employees, claiming that a termination was discriminatory. When that happens, employers gather documentation, provide requested information and prepare a position statement. A significant amount of the time, the charge is dismissed and the employer prevails.   But some charges are brought by current employees, alleging discrimination in the form of:…

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15 Feb Trump-Appointed EEOC Acting Chair Says Continuity in the Near Term

For the first time since her appointment by President Trump as acting chair of the EEOC, Victoria Lipnic last week provided a glimpse into the commission’s future. Her central message is not to expect to see any major changes in the near future. Acting Chair Lipnic occupies only one of a total of five commission seats at the EEOC. However, there are only four sitting commissioners, as one of the seats is currently vacant. Potential major policy shifts likely will have to wait for other…

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13 Feb Blog Update: North Carolina Business that Fired Pregnant Employee Agrees to Three-Year Consent Decree with EEOC

  If there’s anything worse than government regulation, perhaps it’s the government breathing down your neck for the next three years. That is what a North Carolina furniture company is facing after it was sued for pregnancy discrimination last summer by the EEOC.   You might remember our blog post last summer about the EEOC’s lawsuit against RTG Furniture Corp. of Georgia d/b/a Rooms to Go (RTG) that fired a pregnant employee who was working with potentially dangerous chemicals. The EEOC had accused RTG of…

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