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The Legal Stuff
BT Currents - Hot Topics in Employment Law

07 Oct Sexual Harassment Retaliation Claim Nets Million-Dollar Verdict

  A Chicago-area hospital was hit with a seven-figure jury verdict this week in a whistleblower claim filed by an emergency room doctor, who complained the hospital fired him after he repeatedly warned that one of his E.R. colleagues was sexually harassing subordinates.   The plaintiff – the doctor who is now practicing elsewhere – filed a retaliatory discharge complaint against the hospital, alleging it was common practice for doctors to warn new resident physicians about his colleague—whom he reportedly called a “sexual predator.” He…

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07 Oct Employer Strategies for Surviving Election Season

  Once again, the “silly season” is upon us. Every four years, battle lines are drawn and many employees take sides, touting their preferred candidate’s merits over what they regard as the utterly despicable nature of the other candidate. Fortunately for employers (and everyone else who values their sanity) this should be over in about a month. I hesitate only because I lived in Florida during the 2000 election, and if you think things are contentious now – pray the current election cycle doesn’t go…

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30 Sep Should Appeals Courts Give Deference to Lower Courts in EEOC in Subpoena Enforcement Actions? U.S. Supreme Court Agrees to Take on the Issue

  As the U.S. Supreme Court prepares to open its fall term, the Court has agreed to consider the appropriate standard for court review of U.S. Equal Employment Opportunity Commission (EEOC) subpoenas that the agency issues during its investigations of discrimination charges.   In EEOC v. McLane Co., Inc., the issue is whether the Ninth Circuit Court of Appeals should have given deference to a lower court’s decisions regarding enforcement of an EEOC investigatory subpoena or whether appellate courts should take a completely new look…

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29 Sep EEOC Continues Fight Against Mandatory Flu Vaccinations for Healthcare Workers

  Just as another flu season is upon us, the U.S. Equal Employment Opportunity Commission (EEOC) is ramping up its battle against mandatory healthcare workers influenza vaccination programs by filing at least its third lawsuit this year on the subject of accommodations for individuals who profess religious objections to being vaccinated.   In EEOC v. St. Vincent Health Center, the EEOC is alleging that a Pennsylvania healthcare organization failed to accommodate the religious beliefs of six healthcare workers who sought exemptions from mandatory flu shots…

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22 Sep War Over Sexual Orientation and Title VII Rages On

  Advocates for a federal ban on sexual orientation discrimination are waging a war on multiple fronts, fighting their battles in courts across the country and seeking rulings that Title VII prohibits discrimination based on sexual orientation, even if the statute does not specifically reference it as a protected class.   Last week in a high-profile Second Circuit case, Christiansen v. Omnicom Group, Inc., No. 16-748, defendant-appellee ad agency DDB Worldwide filed its brief claiming the court’s precedent that Title VII does not cover sexual…

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