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BT Currents - Hot Topics in Employment Law

22 Sep Teacher’s ADA, Age Discrimination Claim Given New Life by Sixth Circuit

  A school district’s decision to eliminate a teacher’s position while the teacher was out on Family Medical and Leave Act (FMLA) leave may have been pretext to disability discrimination, according to the U.S. Court of Appeals for the Sixth Circuit.   While on approved FMLA leave, a high school economics teacher was notified by the school’s principal that the economics position would be one of several eliminated due to budget cuts. All teachers in the eliminated positions received notices that their contracts would be…

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20 Sep Pregnancy Discrimination Act Requires Employers to Accommodate Breastfeeding Employees

  The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a district court decision in favor of a police officer who argued that her employer failed to accommodate her so she could breastfeed.   In Hicks v. City of Tuscaloosa, officer Hicks requested an alternative duty upon her return from maternity leave. Normally, she was required to wear a bulletproof vest, but her doctor said that wearing the vest could cause infection and prevent her from breastfeeding. Hicks requested a duty that would…

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11 Sep U.S. Supreme Court is Asked to Answer the Question: What Do You Mean by ‘Sex’?

  We knew this question would be asked. On Sept. 7, a petition was filed in this country’s highest court, asking it to settle the ongoing debate of whether Title VII’s prohibition against sex discrimination includes discrimination based on sexual orientation.   The U.S. Court of Appeals for the Eleventh Circuit case, Jameka K. Evans v. Georgia Regional Hospital, et al., involves a gay female security guard at a Georgia hospital who was allegedly harassed and not promoted because of her sexual orientation. She sued the hospital…

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21 Aug Don’t Get Caught in the Weeds: Hiring Issues and Medical Marijuana

According to the National Conference of State Legislatures, 29 states have “comprehensive public medical marijuana and cannabis programs” and 16 states have more limited programs that allow for the use of “low THC, high cannabidiol” products for certain medical reasons. This legalization of medical marijuana has created challenges for employers and their hiring practices when many companies desire to have a zero-tolerance policy on drugs and alcohol in the workplace, especially for safety-sensitive positions.   The courts also have weighed in regarding employers’ decisions not…

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08 Aug Sexual Orientation: DOJ and EEOC Take Opposite Positions in Amicus Briefs Filed in Same Case

  In a bizarre twist, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) have each filed amicus briefs on opposite sides of a sexual orientation discrimination case involving Title VII. Since 2013, the EEOC has consistently taken the position that Title VII prohibits sexual orientation discrimination.   As we have covered in past posts, there have been a number of recent decisions regarding whether Title VII’s prohibition against sex discrimination also prohibits discrimination on the basis of sexual orientation. In particular, the…

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