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BT Currents - Hot Topics in Employment Law

12 Jun Recent Case Illustrates How Types of Associational Discrimination Claims Can Play Out in Litigation

The Americans with Disabilities Act (ADA) protects applicants and employees from discrimination based on their relationship or association with an individual who has a disabling condition. Generally speaking, there are three types of associational discrimination claims:   Expense discrimination: Employer fears that association with disabled person will be costly to the employer. Disability by association: A relationship with a disabled person means employee may also be disabled. Distraction: A relationship with a disabled person will prevent the employee from completing job responsibilities.   A recent…

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02 Jun Abercrombie Decision: What’s next for employers?

The Supreme Court scored a victory for the EEOC yesterday, and, notably, for religion. The court’s majority decision emphasized that religion is a protected class that requires “favored treatment.” The decision also underscores that religious practices are equivalent to one’s religious beliefs, and are accorded the same protection.   Although the court could have limited its decision to the facts of this particular case (as did Justice Alito in his concurring opinion), it rejected the employer’s view that disparate treatment requires an employee to prove…

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01 Jun EEOC Wins Big at Supreme Court on Religious Accommodation Case

This morning, the U.S. Supreme Court handed the EEOC a victory over national retailer Abercrombie & Fitch on a question of religious accommodation.   The court addressed whether an employer must have actual knowledge of an applicant’s need for a religious accommodation to violate Title VII. By a vote of 8-1, the high court said, “no.”   It started when Abercrombie did not hire a woman who appeared for her interview wearing a headscarf, which would have violated the clothing store’s strict dress code. The…

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28 May Transgender Status in the Workplace – First an EEOC Issue and Now an OSHA Issue?

Transgender status has been all over the news lately. As many of you saw on 20/20, Bruce Jenner publicly announced his gender transition to a woman in late April. We have also covered the various cases that have addressed transgender discrimination in lawsuits brought by the EEOC as well as individuals since late 2014. Most recently Saks & Company settled a controversial transgender discrimination case back in March. We are aware of EEOC’s position on this issue – that gender identity discrimination is covered by…

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27 May Getting What You Don’t Ask For – The Perils Of ADA Accommodation By Inference

A case out of the federal court of Maine provides a useful reminder that employers cannot put blinders on when it comes to the ADA and requests for accommodation. The case, Heath v. Brennan (Case No. 2:13-cv-386-JDL), involved a long-time postal employee who developed tendinitis in the early 1990s, forcing him to wear arm braces at work. His co-workers teased him about the arm braces, which ranged from the mild (“gave him a hard time”) to the salacious (“he needed the braces because he had…

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