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BT Currents - Hot Topics in Employment Law

22 Sep War Over Sexual Orientation and Title VII Rages On

  Advocates for a federal ban on sexual orientation discrimination are waging a war on multiple fronts, fighting their battles in courts across the country and seeking rulings that Title VII prohibits discrimination based on sexual orientation, even if the statute does not specifically reference it as a protected class.   Last week in a high-profile Second Circuit case, Christiansen v. Omnicom Group, Inc., No. 16-748, defendant-appellee ad agency DDB Worldwide filed its brief claiming the court’s precedent that Title VII does not cover sexual…

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30 Aug North Carolina Court Blocks ‘Bathroom Bill’ at UNC

  As an update to our previous posts (here and here) about bathroom access rights for transgender individuals, there are new developments in the North Carolina “bathroom bill” debacle. On August 26, a North Carolina federal court blocked the University of North Carolina from applying the state’s controversial bathroom bill. The bill requires transgender people to use bathrooms and locker rooms that correspond to their sex at birth rather than the gender with which they identify.   In a lengthy order filed in the U.S….

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29 Aug Seventh Circuit Discards Well-Worn Standard for Discrimination Cases Does this Herald the End of the Golden Age of Summary Judgment for Employers?

  Late last week, the often employer-friendly Seventh Circuit Court of Appeals tossed out the basis upon which discrimination claims have been analyzed for almost a generation. The decision, Ortiz v. Werner Enterprises (Case No. 15-2574), foreshadows dramatic and huge repercussions for employers in Indiana, Illinois and Wisconsin.   Background on Direct and Indirect Tests   For more than 20 years, courts in the Seventh Circuit have recognized two avenues of proving discrimination: the direct and indirect methods. Before last week, a plaintiff-employee in the…

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23 Aug Bathroom Chronicles: Texas Judge Stops Government From Imposing Transgender Student Guidelines on Schools

  While many of us watched the conclusion of the Rio Olympics this weekend, a federal judge in Texas was issuing a nationwide injunction – stopping the federal government from enforcing guidelines for the country’s public schools regarding the accessibility of bathrooms for transgender students.   On Aug. 22, 2016, Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas issued a 38-page decision in response to a petition from 13 states and two school districts that collectively disputed the government’s…

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15 Aug Fifth Circuit Triples Down on the Legality of Class Action Waivers in Arbitration Agreements

  On August 10, the Fifth Circuit Court of Appeals – for the third time – rejected the National Labor Relations Board’s (NLRB) position that class action waivers in arbitration agreements are invalid under the National Labor Relations Act. In a short opinion, the Circuit said it was bound by its two previous published opinions directly addressing this issue and ruling that such waivers are valid pursuant to the Federal Arbitration Act.    The ruling last Wednesday was the first time the Fifth Circuit has…

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