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BT Currents - Hot Topics in Employment Law

06 Jun Sixth Circuit Looks to Seventh and Ninth Circuits in Reviving Firefighters Title VII Suit against Union

On June 1, the U.S. Court of Appeals for the Sixth Circuit joined the Seventh and Ninth Circuits in holding that the standards governing a duty of fair representation claim (i.e., a duty held by unions to represent all employees in good faith, and without discrimination) do not govern Title VII discrimination claims against a union.    In Peeples v. City of Detroit, a group of Detroit firefighters brought suit against their union alleging disparate-treatment race and national origin discrimination in violation of Title VII. …

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01 Jun In a Culture of Inclusiveness, Don’t Overlook Age

Age is the one protected class where everyone – eventually – is included. Yet as the #MeToo movement stays in the spotlight and implicit (and explicit) racial bias continues to capture headlines, it’s easy for age discrimination issues to fly under the radar.   But if you think age discrimination isn’t a big concern in today’s workplace, think again. The following examples illustrate how hiring is becoming the new battleground for age discrimination claims:   The U.S. Equal Employment Opportunity Commission and a major restaurant…

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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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