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The Legal Stuff
BT Currents - Hot Topics in Employment Law

01 Nov Leading from #MeToo: Making a Long-Term Impact on Workplace Culture

With the initial impact of #MeToo in the rearview mirror, forward-thinking businesses are asking themselves what to do next. How do we overcome inherent biases, tired stereotypes, and systematic barriers? How do we increase productivity, profitability, and employee engagement? How do we make a long-term impact on workplace culture? Recently released research outlined in the Women in the Workplace 2018 Report, authored by McKinsey Consulting and LeanIn.org, confirms what we have long suspected, and underscores the widely accepted research that diverse boards lead more profitable…

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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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03 Sep Choose Your Words Wisely

In Figueroa v. Village of Melrose Park, a former female probationary officer filed a lawsuit alleging gender and race discrimination. Of relevance to this post, the plaintiff’s police chief expressed concern that she would be a liability because the plaintiff would be unable to defend herself in a confrontation with a “200-pound man.” In denying summary judgment, the district court held that this remark amounted to direct evidence of gender discrimination. While some may argue that the remark was nothing more than a “real world”…

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30 Apr Alleged Victim of Sex Discrimination Recovers $13 Million

Earlier this month, in the case Robertson v. Hunter Panels LLC et al., a Pennsylvania federal jury awarded a female employee $13 million after finding that she had been a victim of harassment and gender discrimination.  During the six-day trial, members of the jury heard evidence that the plaintiff had earned significantly less than the male who previously occupied her position. There was also evidence that the plaintiff’s supervisors had belittled her in front of other employees. Finally, there was evidence that when the plaintiff…

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27 Mar When is a Disclaimer Not a Disclaimer? Certain Employment Policies Trump “No Contract” Disclaimers in Handbooks

An employer’s whistleblower policy and its grievance policy are implied contractual promises that employees may enforce, notwithstanding the valid disclaimer that employment policies are not contracts contained in the company’s employee handbook. So says the U.S. District Court for the District of Columbia in a recent case involving a non-profit organization’s employee who included multiple implied contract and promissory estoppel claims in her post-termination lawsuit.  Leyden v. American Accreditation Healthcare Commission, No. 1:14-cv-01118, March 18, 2015.  The court ruled that a whistleblower policy and a…

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