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The Legal Stuff
BT Currents - Hot Topics in Employment Law

17 Mar A Single “Heil Hitler” Not Hostile Enough, Says the Fifth Circuit

No reasonable employee could believe that a single “Heil Hitler” creates a hostile work environment. Or at least that’s what the Fifth Circuit Court of Appeals recently determined in its March 3, 2015, decision Satterwhite v. City of Houston. In Satterwhite, Courtney Satterwhite, an employee for the City of Houston, reported his co-worker Harry Singh for allegedly using the phrase “Heil Hitler” during a meeting. After later becoming Satterwhite’s supervisor, Singh recommended that Satterwhite be demoted and the City ultimately agreed. Following his demotion, Satterwhite…

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09 Mar Saks Settles Controversial Transgender Discrimination Case

As a reminder to employers that the threat of transgender discrimination lawsuits is alive and well, Saks & Company recently settled a controversial claim of discrimination where a former salesperson claimed she had been harassed and retaliated against on the basis of her transgender identity.  Saks previously argued in a Motion to Dismiss that transgender individuals were not covered by Title VII, which then sparked outrage from gender rights activists as well as both state and federal regulators.  As we have previously noted in a…

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26 Feb Who Knew? U.S. Supreme Court Justices Offer Employment Tips

It was Supreme Court Justice Sonia Sotomayor who offered the first tip: “So why can’t the employer just simply say, ‘We have a Look Policy that doesn’t permit beards? Can you comply with that policy?’”   Justice Samuel Alito refined the suggestion; instead of asking whether an applicant can comply, he said, “Just say ‘Do you have any problem with that?’”   These surprisingly practical strategies might be the best take-away from the legal battle of EEOC v. Abercrombie & Fitch, the case where dress…

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24 Feb FMLA Final Rule: ‘Spouse’ Means Same-Sex Spouse (Even in Alabama)

Even for HR veterans, administering the FMLA still triggers occasional anxiety attacks. Within the last two weeks, I was asked, “How should we treat same-sex spouses under the FMLA?” On at least this cause for nervousness, the Department of Labor has finally issued clear guidance.   On Feb. 23, Secretary of Labor Thomas Perez announced, in essence, that under the FMLA, “spouse” means “spouse,” even if you are living in a state that does not recognize same sex marriages.   The DOL’s Final Rule announced…

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19 Feb Putting Out a Welcome Mat for Disabled Workers: Government Guide Provides Tips for Hiring and Retention

In a continuing effort to bolster employment prospects for individuals with disabilities, a number of federal agencies have joined forces to produce a guide that encourages employers to open their doors to more disabled workers.   The publication, entitled “Recruiting, Hiring, Retaining, and Promoting People with Disabilities: A Resource Guide for Employers,” was published online earlier this month via the whitehouse.gov site.   The guide has a number of useful pointers and links for hiring managers and supervisors who work with individuals with disabilities.  In…

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