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BT Currents - Hot Topics in Employment Law

23 Mar Medical Marijuana is Coming to Ohio– What Employers Need to Know

  In 2016, Ohio approved the legalization of medical marijuana, but the law does not go into effect until September 2018. Some Ohio business owners might be nervous at the prospect of employees soon having greater access to marijuana, but they needn’t worry, as the law was written in a pro-employer manner.   Nothing in Ohio’s medical marijuana law:   Requires employers to accommodate an employee’s use, possession, or distribution of marijuana in the workplace Prohibits employers from disciplining, terminating, refusing to hire, or otherwise…

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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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05 Mar Which Side Will Justice Gorsuch Fall On Public Sector Union Fees?

  Last week, the U.S. Supreme Court heard the issue of whether public sector agency shop arrangements violate the First Amendment.   Hearing this issue for a second time, the court will decide whether to overturn a 1977 ruling that held that the service charges used to finance expenditures by the public sector union for collective bargaining, contract administration, and grievance adjustment purposes, are valid, even if the public employee is not a union member.   Just last year, the court examined this very issue in…

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01 Mar Sex, Power & the Workplace: Protecting Women who Work

With the Oscars in the spotlight this weekend, the lens of the #MeToo movement is re-focusing on Hollywood and the entertainment industry.   But, the challenges of sexual harassment transcend industry and geography.  Even Oprah, in accepting her recent Golden Globes award, powerfully reminded us about victims beyond Hollywood:  those who “had children to feed and bills to pay and dreams to pursue.”   Fundamentally, it is about those who work, at all levels, and it is incumbent on employers, legally, ethically, practically, to maintain a work…

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