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The Legal Stuff
BT Currents - Hot Topics in Employment Law

21 Aug Don’t Get Caught in the Weeds: Hiring Issues and Medical Marijuana

According to the National Conference of State Legislatures, 29 states have “comprehensive public medical marijuana and cannabis programs” and 16 states have more limited programs that allow for the use of “low THC, high cannabidiol” products for certain medical reasons. This legalization of medical marijuana has created challenges for employers and their hiring practices when many companies desire to have a zero-tolerance policy on drugs and alcohol in the workplace, especially for safety-sensitive positions.   The courts also have weighed in regarding employers’ decisions not…

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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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23 May Ohio House Takes Steps to Modernize Outdated Antidiscrimination Statutes

  On May 9, the Ohio House of Representatives’ Economic Development, Commerce, and Labor Committee favorably reported on House Bill 2, a bill that would streamline and modernize Ohio’s archaic antidiscrimination statutes.   Ohio’s antidiscrimination statutes are currently some of the least friendly in the country to employers. There are lengthy statutes of limitations, along with individual liability for managers and uncapped damages. There are four ways to file an age discrimination claim, all with different statutes of limitations and remedies. A plaintiff can simultaneously…

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Settlement

05 May Avoiding the Danegeld: Discouraging Me-Too Claims Following a Settlement

  A thousand years ago, Viking warriors would invade a town and threaten to destroy it if the townsfolk did not pay a tax called a “Danegeld” (meaning to pay the Dane gold). Of course, once the town paid the Danegeld tax, the Vikings saw the town as an easy mark – one to which they would return to and demand payment all over again. Essentially, this was the Middle Ages equivalent of a mobster shakedown: promising to “protect” your property to make sure nothing…

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