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The Legal Stuff
BT Currents - Hot Topics in Employment Law

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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26 May This Should Go Without Saying: Replacing an Older Worker with Two Younger Workers is Not Consistent with a Reduction in Force Defense

A recent case from a Chicago federal court is a good reminder that just because you can make a particular argument in defense of a lawsuit doesn’t mean that you should. In Summers v. Electro-Motive Diesel, Inc., Case No 13C1312 (N.D. Ill. May 19, 2015), an employee who had worked for her employer for 40 years was fired, along with a number of other employees. The employee sued for age discrimination. As a reminder, employees must meet the high standard that “but for” their age,…

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21 May Constructive discharge case reaches the U.S. Supreme Court

While the U.S. Supreme Court is sprinting to the finish line of its current 2014-2015 term at the end of June, the court already is starting to fill its docket of cases for the October 2015 term and a constructive discharge case will be among those heard and decided in the next year.   In a nutshell, a constructive discharge claim arises when an employee asserts that an employer made working conditions so intolerable that a reasonable person in the employee’s position would feel forced…

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07 May Pitfalls in Citing “Advice of Counsel” in Decision Making

A case decided in April underscores the risks and unanticipated consequences of referring to “advice of counsel” in defending adverse employment actions. A former hospital employee sued in federal court for alleged sexual harassment, assault, retaliation and FMLA violations. In discovery, both the hospital’s CEO and its human resources manager testified not only that they sought the advice of the hospital’s employment attorney when considering whether to place the employee on extended probation, but also that the hospital’s counsel recommended the specific action taken. The…

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