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BT Currents - Hot Topics in Employment Law
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07 Nov 2017 (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 2017 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 2016 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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14 Oct 2013 Employment Law Legislative Agenda in Ohio Mirrors National Scene

As the Ohio General Assembly swings back into action this fall, there are several pieces of employment related legislation that mirror areas getting attention nationally: 1. Ohio passed a concealed carry law in 2006, but the law specifically allows employers to prohibit weapons on the employer’s premises.  The most controversial aspect of this law with gun rights advocates is that employees may be prohibited from storing weapons in their vehicles.  There is some legislative support to taking away the employer’s ability to impose this restriction. …

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28 Feb 2013 Same Sex Harassment Claim Against Straight Male Supervisor Cannot Be Dismissed, Says Second Circuit

  The Second Circuit Court of Appeals recently ruled that a male employee’s claim for sex discrimination under Title VII against his male supervisor could go forward, reversing the district court’s ruling in favor of the employer.   According to the plaintiff, a certain supervisor at the food manufacturing company where he worked constantly made vulgar comments toward him and other male employees regarding fellatio and using homosexual slurs. In addition, the supervisor frequently grabbed or hit the male employees in their genitalia. There was no…

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