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BT Currents - Hot Topics in Employment Law

04 Apr Sex, Power & the Workplace Responding to the Skeptics Q&A: Part 2

Last week, we ventured into provocative questions surrounding the current emphasis on workplace sexual harassment. Our Q&A series continues:   Why are only rich men being sued for sexual harassment?   When I was presented with this precise question recently, I sensed a healthy dose of suspicion; that is, a tendency to believe that the women making these accusations are engaged in simple money-grab. Perhaps that is true; there are some who overreact to behavior that is neither severe, nor pervasive. But, our collective experience…

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31 Mar Sex, Power & the Workplace: Responding to the Skeptics

  For every believer, there is a skeptic.   For the better part of 25 years, I have been questioned and challenged about sexual harassment, leading (I hope) to my deeper understanding about the everyday difficulties of tackling workplace conduct. Recently, in the wake of speaking engagements, training sessions, and panel discussions, those questions have multiplied and accelerated. Most of them are thoughtful inquiries, and I never have enough time to answer them. Here are a couple questions that I keep hearing and my theories…

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30 Mar Legislating Away Harassment? 3 Main Legislative Paths So Far in the #MeToo Era

As Currents readers know, we have been closely tracking the tremendous buzz that has arisen from several months of high profile sexual harassment (and worse) reports and allegations involving high profile men, and what changes might transpire as a result.  While many legal developments that seem like big deals when the law is passed or the case is decided ultimately don’t significantly change employers’ day to day lives, it seems that something more significant is afoot here … exactly what that something is is still…

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20 Mar The Box & 1: Defense Strategy against Harassment

  Not even the upsets and unpredictability of one of college basketball fans’ favorite weekends would have revealed much of the old-school “Box & 1 Defense.” But, it may be time to resurrect the Box & 1 defensive strategy as an effective program against harassment.   The “Box-and-1” in basketball is a hybrid defense: four defenders represent the corners of a box as the core of the defense. Then, the “one” is the best defender doggedly guarding the opponent’s biggest scoring threat. Applying the Box-and-1…

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12 Mar Sixth Circuit Holds Transgender Status Protected Under Title VII

  On March 7, the U.S. Court of Appeals for the Sixth Circuit weighed in on the continuing debate surrounding the scope of Title VII’s prohibition on sex discrimination. In a landmark decision, the court ruled that Title VII prohibits discrimination on the basis of transgender and transitioning status and further held that bare compliance with Title VII presents no substantial burden upon an employer’s sincerely held religious beliefs, precluding a defense under the Religious Freedom Restoration Act (“RFRA”).   In EEOC v. R.G. &…

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