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BT Currents - Hot Topics in Employment Law

28 Feb Dodd-Frank Whistleblowers: Supreme Court Holds Internal Complaints are Not Enough

  Last week, the U.S. Supreme Court held in the Digital Realty Trust, Inc. v. Somers case  that the definition of a “whistleblower” under the Dodd-Frank Act (“Dodd-Frank”) does not cover internal complaints made only to the company.  The employee is required to file a formal complaint with the U.S. Securities and Exchange Commission (“SEC”) to qualify for the increased remedies and greater protections as compared to the Sarbanes-Oxley Act of 2002 (“Sarbanes-Oxley”).  The Court found no ambiguity in the express definition of a “whistleblower”…

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27 Feb Another Court Reverses Course: Second Circuit Holds Title VII Forbids Sexual Orientation Discrimination

  The U.S. Court of Appeals for the Second Circuit issued an opinion on Monday of this week and explicitly held that Title VII prohibits discrimination on the basis of sexual orientation.   In the closely watched case, Zarda v. Altitude Express, Inc., a full panel of the Second Circuit revisited the question of sexual orientation coverage under Title VII.  In its decision, the Court cited the history and intent behind the passage of Title VII – namely, that it was intended to be a…

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26 Feb Beginning of a New Trend? Illustration of EEOC Stats Confirms Plummeting Number of Charges

  A few weeks ago, our team wrote about the latest charge filing statistics published by the EEOC.  The agency posts records of charges going back to 1997 – 20 years of data.  Since a picture speaks a thousand words, here is the latest information relative to the total number of charges filed with the agency since 1997:     Stepping back and putting the new numbers into their relative place, a few things are made clear.  The overall rise and fall of charges over…

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26 Feb Chicago says hands off the help – New law protects hotel workers from guest harassment

  Basic rules of etiquette and kindness should cover the workplace and extend to travel away from home – fundamentally, treat others as you would want to be treated if the situation were reversed.   And yet, some folks just can’t seem to keep their hands to themselves.  Thus, a law set to go into effect July 1 within the City of Chicago will provide “panic button” protection for hotel staff against harassment and assault by hotel guests.   Known as the “hands off, pants…

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23 Feb Wisconsin Supreme Court Splashes Cold-Water on the Enforceability of Non-Solicitation of Employee Covenants

  Wisconsin is one of the states which has a statute regarding the enforceability of restrictive covenants.  Under Wisconsin law, such a covenant is enforceable within a specific territory and for a specified time, but only if the restrictions imposed are reasonably necessary for the protection of the employer or principal (Wisconsin Statute § 103.465).   Wisconsin courts historically have applied the statute to all forms of employee limitations, including non-disclosure covenants.  See Tatge v. Chambers & Owen, Inc., 579 N.W.2d 217 (Wis. 1998).  In…

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