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BT Currents - Hot Topics in Employment Law

24 Mar Easy Come, Easy Go: Appeals Court Reverses $2.6 Million Award in ADA Case

    In a helpful case for employers, the Second Circuit Court of Appeals reversed a $2.6 million jury verdict in Stevens v. Rite-Aid Corporation (Case No. 15-277), holding that the employer could not reasonably accommodate a pharmacist’s fear of needles.   The case began in 2011, when Rite-Aid started requiring that all of its pharmacists be able to administer immunization injections to customers. But, the new job requirement presented a problem for Rite-Aid pharmacist Christopher Stevens; he suffers from the fear of needles, known…

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17 Mar Does Same-Sex Harassment Support Gender Discrimination Claims? Texas Supreme Court to Decide

  The Texas Supreme Court agreed to determine whether a school teacher’s allegations of a hostile work environment by her same-sex superiors can support a claim of gender discrimination in violation of the Texas Commission on Human Rights Act (TCHRA). The court will also decide whether the circumstantial evidence presented to prove the teacher’s retaliation claim is sufficient to support a violation of the TCHRA.   The teacher alleged that a fellow coach began to sexually harass by allegedly making comments about the teacher’s body…

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16 Mar Mugshots Gone Viral: Internet Clickbait is a Hiring Manager’s Minefield

  While “that hot mugshot guy” launched a modeling career – including a recent New York Fashion Week runway appearance – based on his improbably good-looking booking photo, most arrestees are not so lucky.   It seems the Internet-browsing public can’t resist clicking around for such photos — from celebrities to the average joe — and thus media sites routinely post such photos to attract page views. Mugshots are nearly unavoidable on the Internet and they remain posted long after any news value has faded away. There are even commercial…

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10 Mar Supreme Court Nominee Gorsuch Receives ABA’s Highest Rating

  On Thursday evening, March 9, the American Bar Association (ABA) released its much-anticipated evaluation of Supreme Court Nominee Neil Gorsuch to the Senate Judiciary Committee.  After a thorough and detailed review of the candidate’s temperament, integrity, and overall competence, all 14 members of the ABA’s Standing Committee unanimously rated Gorsuch – currently a judge on the Tenth Circuit Court of Appeals – as being “well-qualified,” the highest rating possible.   Getting a seal of approval from the ABA, which is often viewed as aligning…

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09 Mar Unwise Old Sayings? Watch Out For Stereotypes That Might Trigger An Age Discrimination Lawsuit

  By this point, most employers know not to make explicit ageist remarks such as calling an employee Grandpa, saying an employee is old, or inquiring about when an employee will retire. However, employers should also be mindful that less explicit remarks, even if not intended to be ageist, can evoke certain stereotypes and result in allegations of age discrimination.   In a recent Eighth Circuit case, an employee sued for age discrimination after his termination. His supervisor had noted that tasks requiring “physical skill…

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