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BT Currents - Hot Topics in Employment Law
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08 Feb 2013 Breaking – Mixed Bag Ruling In California Mixed Motive Case

Yesterday, the California Supreme Court issued its widely anticipated ruling in Harris v. City of Santa Monica regarding the burdens in so-called mixed motive discrimination cases. Our Alert on the decision can be found here. This particular case had been pending before the court for three years, and should provide some guidance in cases where both legitimate and unlawful factors affect an employment decision. Scott WitlinScott J. Witlin is a partner in the Los Angeles office of Barnes & Thornburg and a member of the firm’s…

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25 Jul 2012 EEOC Cannot Claim “Deliberative Process Privilege” To Preclude Investigator’s Deposition

The United States District Court of the Southern Division of Alabama recently denied the Equal Employment Opportunity Commission’s (EEOC) motion to quash the deposition of the investigator assigned to the underlying Charge of Discrimination. In Equal Employment Opportunity Commission v. Southern Haulers, Inc., the EEOC argued that the “deliberative process privilege” prohibited the defendant from deposing the investigator about “the steps she took in conducting the investigation, the documents produced by EEOC as part of its investigative file, inconsistencies in the documents contained in EEOC’s…

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16 Jul 2012 Sixth Circuit Expands on “Cat’s Paw” Discrimination

Readers may remember the Staub v Proctor Hospital decision issued by the U.S. Supreme Court in March 2011, essentially holding under the “cat’s paw” theory that employers may be liable for discrimination if the decision maker relies on input from subordinates with discriminatory intent, even if the decision maker did not have discriminatory motives. In addition to the question, “why is it called ‘cat’s paw’ anyway” (more on that below), employers as with most Supreme Court decisions are waiting to see how the rule evolves as…

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05 Jul 2012 Complaints Need Not Include Facts Which Would Support a Prima Facie Case of Discrimination under McDonnell Douglas

BT CurrentsBT Currents is managed by the attorneys in Barnes & Thornburg’s Labor & Employment Law Department. It’s designed to be your resource on employment law developments across the country. BT Currents will help employers across all industries stay aware of and respond to these developments.More Posts – Website

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04 Jun 2012 EEOC Finds that Transgender Workers Are Protected by Title VII

In a landmark decision, the EEOC recently found that discrimination against transgender individuals constitutes sex discrimination in violation of Title VII. The administrative decision stems from a case where Mia Macy, a transgender individual, was denied a job as a ballistics technician by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The facts are straightforward: Macy previously was a police detective in Phoenix, Arizona. In December 2010, she decided to relocate to San Francisco. During this time frame, Macy was informed that the Bureau was…

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