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BT Currents - Hot Topics in Employment Law

04 Apr Sex, Power & the Workplace Responding to the Skeptics Q&A: Part 2

Last week, we ventured into provocative questions surrounding the current emphasis on workplace sexual harassment. Our Q&A series continues:   Why are only rich men being sued for sexual harassment?   When I was presented with this precise question recently, I sensed a healthy dose of suspicion; that is, a tendency to believe that the women making these accusations are engaged in simple money-grab. Perhaps that is true; there are some who overreact to behavior that is neither severe, nor pervasive. But, our collective experience…

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29 Sep The Gradual But Decided Shift to a Much More Complex World of Employment Law

  On Oct. 4, my colleagues (and fellow Currents bloggers) Jeanine Gozdecki and Doug Oldham will be presenting a program focused on increasing complexity in the employment law arena. Employment law accelerated in the 1960s when Title VII of the Civil Rights Act was passed, as well as many similar state discrimination laws. At that time, things seemed pretty cut and dried – treat people equally to avoid liability. Many factors have made the world of employment law far more complicated since then:   The number of protected…

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05 Jun Court Invites EEOC’s Opinion on Whether Title VII Prohibits Sexual Orientation Discrimination

  We recently updated you on the Zarda v. Altitude Express, Inc., case before the U.S. Court of Appeals for the Second Circuit. The Second Circuit granted en banc review of the plaintiff’s claim to consider whether Title VII prohibits discrimination on the basis of sexual orientation. Now the court has taken an additional step of inviting the Equal Employment Opportunity Commission (EEOC) to give its two cents.   The EEOC is already on record in other courts arguing that Title VII covers sexual orientation…

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26 May Second Circuit Takes Second Look at Sexual Orientation Discrimination Under Title VII

  The issue of whether Title VII prohibits discrimination on the basis of sexual orientation is in the hot seat once again, this time being considered by the U.S. Court of Appeals for the Second Circuit as part of an en banc rehearing granted in Zarda v. Altitude Express, Inc. d/b/a Skydive Long Island. The grant of the rehearing, to include all active judges and those senior judges involved in the original appeal, comes after the U.S. District Court for the Eastern District of New…

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25 May Need to Check an Employee’s Criminal Background? Tread Carefully

  Federal laws do not prohibit employers from asking about a job applicant’s criminal history. But equal employment opportunity (EEO) and federal laws prevent employers from discriminating against job applicants on the basis of this information. The Equal Employment Opportunity Commission (EEOC) has guidelines that establish the following rules:   Title VII of the Civil Rights Act prohibits employers from treating people with similar criminal records differently because of their race, national origin, color, sex or religion Title VII also prohibits employers from using policies…

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