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BT Currents - Hot Topics in Employment Law

28 Dec Nursing Mothers Protected under Discrimination Laws, says Connecticut Federal Court

  As we’ve recently outlined, the Illinois Nursing Mothers in the Workplace Act and Illinois Human Rights Act mandates that employers must be prepared to accommodate pregnant employees and nursing mothers. A recent ruling in Connecticut federal court should stand as a reminder to employers that Illinois is not the only state where the rights of pregnant employees and nursing mothers are protected.   Jill Grewcock was a nursing mother who sued her employer, Yale-New Haven Health Services Corporation, for sex discrimination and retaliation in…

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24 Nov Recent Headlines Demonstrate Need for Effective Anti-Harassment Program

  As a follow up to our previous post on sexual harassment in the workplace, this post explores the elements that make up an effective anti-harassment program.   More than 30 years after the U.S. Supreme Court’s 1986 decision recognizing a hostile environment civil rights claim, it’s hard to believe we have just reached a major tipping point in our society regarding this form of prohibited sex discrimination.   On Nov. 21, Fox News announced a $90 million settlement of derivative shareholder litigation related to…

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07 Nov (Informal) Survey Says: Most Employers Not Waiting for Courts to Decide Whether Title VII Covers Sexual Orientation

  As we have discussed here and here at Currents, one of the hotly contested employment litigation issues of our decade is whether Title VII’s prohibition on discrimination “because of sex” prohibits discrimination on the basis of sexual orientation. Sex discrimination was an afterthought when Title VII was passed in 1964, added late in the Congressional process (reportedly added by opponents who thought it would cause Title VII to fail), and it is unquestioned that Congress was not thinking about sexual orientation at the time. Since that…

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30 May Another Review of the EEOC’s Subpoena for ‘Pedigree Information’

  In a prolonged battle over the issue of whether an employer must respond to the U.S. Equal Employment Opportunity Commission’s (EEOC) subpoena for “pedigree information” in connection with its investigation of a sex discrimination charge, the U.S. Court of Appeals for the Ninth Circuit ordered the District Court in Arizona to review the matter again.   In 2013, former employee Damiana Ocho filed a charge of discrimination against McLane Company, alleging that the company discriminated on the basis of sex when it fired her…

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04 Aug Five Lessons from Fox News on Sexual Harassment

  The recent accusations of sexual harassment against Roger Ailes at Fox News, and the response of a high-profile candidate for public office about how women should respond to sexual harassment have crystallized into an opportunity to learn from the mistakes of others.   Since the mid-1980s, we’ve all read about sexual harassment and been trained on it. For the last 25 years, I’ve studied it, investigated it, seen it, taught about it, warned about it, developed policies to guard against it, and defended companies…

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