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The Legal Stuff
BT Currents - Hot Topics in Employment Law

03 Dec Discrimination Lawsuit Torpedoed by Poor Fundamentals

A mixed-race transgender former employee alleged that his supervisor made derogatory statements about his race and gender and that he was constructively discharged. This sounds like a case with several hot button issues that could make national news over the coming months, right? Well…no.   The plaintiff filed a federal lawsuit in the U.S. Court for the Middle District of Pennsylvania claiming race, national origin, and gender discrimination in violation of Title VII, Section 1981, and the Pennsylvania Human Relations Act (“PHRA”).   On November…

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18 Oct New Federal Lawsuit Pits Religion Against Gay Rights in Employment Context

On Oct. 6, the U.S. Pastor Council and Hotze Health & Wellness Center filed a federal class action lawsuit against the Equal Employment Opportunity Commission (EEOC) and Attorney General Jeff Sessions in Texas. Plaintiffs seek a declaratory judgment that Title VII violates the Religious Freedom Restoration Act (“RFRA”) and the First Amendment because it does not provide a religious exemption. The U.S. Pastor Council is a non-profit council of approximately 1,000 churches and Hotze Health & Wellness Center is a private Christian-owned business whose owner…

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24 Apr Think You Missed The 2017 EEO-1 Survey Reporting Deadline? Think Again . . . . But Act Fast!

  Employers who feared they had missed the March 31, 2018 submission deadline for their 2017 EEO-1 report are in luck – the EEOC’s EEO-1 Survey website now reflects that it has granted employers a short extension to get those reports on file.  The new deadline of June 1, 2018, is just over a month away, however, so employers required to file should not delay in gathering the required information and getting the necessary report(s) on file.  Returning filers should also be aware that the…

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05 Apr Accommodate Much? Restrictive Seventh Circuit Leave Ruling Lives On

  Letter of the Law: A Revival!  No employment lawyer worth her salt would choose anything other than “Accommodation” for the Letter A.  And so it begins….   HR professionals know all too well that the ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities.   While accommodations often include overcoming physical obstacles such as inaccessible workplace areas and unwieldy equipment, they more commonly pertain to workplace rules. For example, employers are asked to change when or where work is performed, leave…

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12 Mar Sixth Circuit Holds Transgender Status Protected Under Title VII

  On March 7, the U.S. Court of Appeals for the Sixth Circuit weighed in on the continuing debate surrounding the scope of Title VII’s prohibition on sex discrimination. In a landmark decision, the court ruled that Title VII prohibits discrimination on the basis of transgender and transitioning status and further held that bare compliance with Title VII presents no substantial burden upon an employer’s sincerely held religious beliefs, precluding a defense under the Religious Freedom Restoration Act (“RFRA”).   In EEOC v. R.G. &…

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