Follow Us
twittergoogle_pluslinkedinrssyoutube
Subscribe to the BT Currents Blog

By signing up, you agree to our Terms of Service and Privacy Policy.

Recent Posts
The Legal Stuff
BT Currents - Hot Topics in Employment Law
0 0

01 Apr 2013 Increasing Discrimination Obligations Coming from State and Municipal Levels

In this recent Metropreneur Columbus article, I talked about the long term trend for forms of discrimination to only increase.  Rarely since the passage of Title VII in 1964 has a cause of action for discrimination been taken away.  As discussed more in the article, current manifestations of this long term trend include laws at various levels to protect employees against discrimination on the basis of their sexual orientation or identity, or on the basis of their unemployed status. Many of these particular initiatives are on the…

READ MORE
0 0

18 Mar 2013 Employee Retaliation Claims: Will the Supreme Court Stem the Tide?

It was no surprise for practitioners and their clients alike to learn that, statistically, retaliation claims remain the largest number of claims brought before the EEOC (in 2012, almost 38,000 charges alleged retaliation—38.1% of all charges). Worse, retaliation claims are expensive to defend. This point is painfully highlighted in this week’s submissions with the U.S. Supreme Court. Last week, the U.S. Chamber of Commerce (along with the Retail Litigation Center) filed with the Supreme Court an amici curiae brief in a case in which retaliation…

READ MORE
0 0

15 Mar 2013 Did They Just Say That? A Reminder That Off-The-Cuff Remarks Handcuff Employers in Employment Lawsuits

A recent race discrimination and retaliation case in Pennsylvania underscores the risks of off-the-cuff remarks by managers.  The case in the Middle District of Pennsylvania, Johnson v. Hershey Creamery Corp., No. 1:11-cv-00776 (M.D. Pa. Mar. 8, 2013), involved an African-American who worked as a seasonal employee for Hershey Creamery.  At the end of each season, the employee was laid off.  One year, two of his Caucasian co-workers were hired as full-time, regular employees.  When he asked why he was not hired, Hershey told him that…

READ MORE
0 0

15 Mar 2013 Some Basic Advice as “March Madness” Begins

It’s mid-March. That – as any fan of college basketball knows – means that the NCAA basketball tournament and “March Madness” are about to begin. As a result, a case that was handed down by the U.S Court of Appeals for the Third Circuit yesterday is timely.  In Covington v. International Association of Approved Basketball Officials, No. 11-3096, 2013 WL 979067 (3d Cir. Mar. 14, 2013), a female referee alleged that the organization that supplies referees for high school basketball games in New Jersey’s Hamilton…

READ MORE
0 0

08 Mar 2013 Internal Investigations Can Be Crucial to Defense Against Retaliation Claims

It will come as no surprise to many employers that retaliation charges under Title VII and similar employment laws are, in many instances, more challenging to prevent and defend than discrimination claims. So there is comfort to be found in a pair of rulings from the Seventh Circuit Court of Appeals today, affirming that an employer’s investigation into alleged workplace misconduct can serve to stave off liability in the event of a retaliation lawsuit. In Vaughn v. Vilsack, the Court affirmed summary judgment for the…

READ MORE
0 0

08 Mar 2013 Illinois court revives Whistleblower Act claim of employee who was fired following fine

Say an employee makes a report to a government inspector of an alleged violation of the law, but the government agency already knows of the violation – is the employee still protected from retaliation by his employer under the Illinois Whistleblower Act? A trial court judge in central Illinois did not think so, and granted an employer’s motion to dismiss on the pleadings. But on appeal, the Illinois Appellate Court reversed, ruling that the language of the Whistleblower Act focuses on what the employee reasonably believed,…

READ MORE
0 0

06 Mar 2013 Seventh Circuit to Employers: Be specific, ambiguities in Rule 68 offers of judgment might cost you

The Seventh Circuit recently sent a very important message to employers making offers of judgment to plaintiffs: Be specific. The message was sent via Sanchez v. Prudential Pizza, Inc. et al., Case No. 12-2208. Leading to the Seventh Circuit’s decision, the Plaintiff had sued the Defendant-employer for sex discrimination, sexual harassment, and retaliation under Title VII of the Civil Rights Act of 1964. In advance of trial, the Defendant made an offer of judgment under Federal Rule of Civil Procedure 68, which permits a party defending a claim to…

READ MORE
0 0

01 Mar 2013 Perception Is Reality

Every first year law student learns that if a shooter aims at person A and misses, but his bullet accidentally hits and kills person B, the shooter is still guilty of murder because his intent to kill transfers. Similarly, if an employer discriminates against an employee because it perceives that employee as disabled – even though the employee is not actually disabled – the Americans with Disabilities Act expressly provides that the employer is liable for discrimination. Title VII of the Civil Rights Act of…

READ MORE
0 0

28 Feb 2013 Same Sex Harassment Claim Against Straight Male Supervisor Cannot Be Dismissed, Says Second Circuit

  The Second Circuit Court of Appeals recently ruled that a male employee’s claim for sex discrimination under Title VII against his male supervisor could go forward, reversing the district court’s ruling in favor of the employer.   According to the plaintiff, a certain supervisor at the food manufacturing company where he worked constantly made vulgar comments toward him and other male employees regarding fellatio and using homosexual slurs. In addition, the supervisor frequently grabbed or hit the male employees in their genitalia. There was no…

READ MORE
0 0

11 Feb 2013 OSHA – Regulatory and Enforcement Update

With four more years of the Obama administration, expect increased enforcement efforts from OSHA as we have seen in the past four years. As noted last year, even without formal statutory reform, OSHA managed to double the average fines given to employers through an internal administrative penalty bulletin and the Severe Violator Enforcement Program (SVEP). The outlook for 2013 appears to be more of the same. The scope of enforcement activities of OSHA may expand as well with the creation of the Whistleblower Protection Advisory…

READ MORE