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BT Currents - Hot Topics in Employment Law

30 Mar When Paying Less Can Cost You More: Pay Inequality

What do three New York City lawyers, the Queen of England, a preschool teacher, a service center manager and a township accountant all have in common?  Here’s a hint:  we are fast-approaching the April 4 date that symbolically marks how much longer full-time female workers need to work in order to equal the pay earned by their male counterparts the year before. The answer to the question of course, is that each of the “employees” listed above play starring roles in the midst of a…

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12 Mar Sixth Circuit Holds Transgender Status Protected Under Title VII

  On March 7, the U.S. Court of Appeals for the Sixth Circuit weighed in on the continuing debate surrounding the scope of Title VII’s prohibition on sex discrimination. In a landmark decision, the court ruled that Title VII prohibits discrimination on the basis of transgender and transitioning status and further held that bare compliance with Title VII presents no substantial burden upon an employer’s sincerely held religious beliefs, precluding a defense under the Religious Freedom Restoration Act (“RFRA”).   In EEOC v. R.G. &…

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27 Feb Another Court Reverses Course: Second Circuit Holds Title VII Forbids Sexual Orientation Discrimination

  The U.S. Court of Appeals for the Second Circuit issued an opinion on Monday of this week and explicitly held that Title VII prohibits discrimination on the basis of sexual orientation.   In the closely watched case, Zarda v. Altitude Express, Inc., a full panel of the Second Circuit revisited the question of sexual orientation coverage under Title VII.  In its decision, the Court cited the history and intent behind the passage of Title VII – namely, that it was intended to be a…

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12 Feb Rigorous RIF Process Defeats Discrimination Claims

  A recent federal trial court decision underscores the importance of the effective use of a rigorous reduction-in-force (RIF) selection process.   In Ameti v. Sikorsky Aircraft Corp., Sikorsky beat back multiple discrimination claims asserted by a former engineer selected as one of 17 of his peers in a reduction in force.  No. 3:14-cv-1223 (VLB) (U.S. Dist. Ct. Conn. February 6, 2018).  Sikorsky utilized an Employee Assessment Matrix to determine “the ability of the employee to perform under current and projected business conditions.”  The assessments…

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08 Feb Ohio Bill Protecting LGBTQ Rights Receives Widespread Support at Committee Hearing

  In October we detailed a new bill in the Ohio legislature aimed at banning discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations. As an update, House Bill 160, dubbed the Ohio Fairness Act, is currently before Ohio’s House Government Accountability and Oversight Committee.   On January 31, 2018, the committee held a public hearing and provided an opportunity for proponent testimony. It was the first time in nine years that a bill protecting LGBTQ individuals was…

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