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BT Currents - Hot Topics in Employment Law

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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08 Mar Transgender Bathroom Case Sent Back to Lower Courts by Supreme Court

  On March 6, 2017, the Supreme Court canceled scheduled arguments in a case involving the bathroom rights of transgender students in public schools. The Court sent the case back to the 4th Circuit to reconsider the issue in light of the Department of Justice and Department of Education rescinding Obama-era guidance clarifying protections for transgender students.   The case, Gloucestor County School Board v. G.G., involved a transgender high school student seeking to use the boys’ restrooms at his high school. The plaintiff –…

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03 Mar By the Numbers: Women in the Workforce

  In honor of Women’s History Month, the U.S. Department of Labor posted some thought-provoking statistics about working women.  While employers already know women play an important role in the U.S. job market, these figures demonstrate just how significant female workers are in our economy.  Below are some of the fascinating numbers about working women:   Nearly half of the U.S. workforce is comprised of women, with more than 74.6 million women employed in civilian jobs Almost 10 million women are business owners and account…

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01 Mar EEOC Subpoena Rejected by Tenth Circuit

  In its opinion issued in EEOC v. TriCore Reference Labs, the U.S. Court of Appeals for the Tenth Circuit offered hope to employers within that Circuit facing overly broad information requests and/or subpoenas from the EEOC. Specifically, the Tenth Circuit upheld the denial of the EEOC’s effort to enforce such a subpoena, weighing in on the boundaries placed on the EEOC’s administrative subpoena powers.   By way of background: In this matter, as part of its investigation into a single charge of sex/pregnancy discrimination…

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