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BT Currents - Hot Topics in Employment Law

23 Aug Bathroom Chronicles: Texas Judge Stops Government From Imposing Transgender Student Guidelines on Schools

  While many of us watched the conclusion of the Rio Olympics this weekend, a federal judge in Texas was issuing a nationwide injunction – stopping the federal government from enforcing guidelines for the country’s public schools regarding the accessibility of bathrooms for transgender students.   On Aug. 22, 2016, Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas issued a 38-page decision in response to a petition from 13 states and two school districts that collectively disputed the government’s…

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19 Aug More Flu Vaccine News: EEOC Once Again Alleges Hospital’s Mandatory Flu Vaccine Policy Violates Title VII

  For years, the Equal Employment Opportunity Commission (EEOC) has been silent over whether a hospital’s mandatory flu vaccine program violates Title VII’s prohibition against religious discrimination. The courts also generally have been silent (or have not reached decision) on the issue, with the notable exception of Robinson v. Children’s Hospital Boston, issued by the U.S. District Court for the District of Massachusetts earlier this year, which found that the hospital’s mandatory flu vaccine program did not violate Title VII, which was reported here.  …

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15 Aug Fifth Circuit Triples Down on the Legality of Class Action Waivers in Arbitration Agreements

  On August 10, the Fifth Circuit Court of Appeals – for the third time – rejected the National Labor Relations Board’s (NLRB) position that class action waivers in arbitration agreements are invalid under the National Labor Relations Act. In a short opinion, the Circuit said it was bound by its two previous published opinions directly addressing this issue and ruling that such waivers are valid pursuant to the Federal Arbitration Act.    The ruling last Wednesday was the first time the Fifth Circuit has…

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12 Aug Seventh Circuit Addresses EEOC’s Stance that Sexual Orientation is Protected by Title VII

  In a recent opinion, the Seventh Circuit held that a plaintiff who claimed she was discriminated against on the basis of her sexual orientation had failed to state a claim under Title VII, reaffirming the Seventh Circuit’s stance that sexual orientation is not a protected classification. However, Judge Rovner’s opinion presents a more nuanced opinion than the Court has taken on the issue in the past, acknowledging logical difficulties in the state of the law.   The plaintiff was a former community college employee…

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04 Aug Five Lessons from Fox News on Sexual Harassment

  The recent accusations of sexual harassment against Roger Ailes at Fox News, and the response of a high-profile candidate for public office about how women should respond to sexual harassment have crystallized into an opportunity to learn from the mistakes of others.   Since the mid-1980s, we’ve all read about sexual harassment and been trained on it. For the last 25 years, I’ve studied it, investigated it, seen it, taught about it, warned about it, developed policies to guard against it, and defended companies…

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