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BT Currents - Hot Topics in Employment Law
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05 Jul 2017 Did a Lower Court Throw Schools an IEP Life Raft?

  In the wake of the recent U.S. Supreme Court ruling in Endrew F. v. Douglas County School District, school districts are tasked with developing substantively appropriate Individualized Education Plans (IEPs) that will stand up to the court’s heightened scrutiny.  The only clear guidance provided from the court regarding how to meet this heightened standard is that an IEP must allow a child to make progress that is appropriate in light of his or her unique circumstances.   However, a recent decision from the U….

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28 Mar 2017 Update on Trump’s Line-Up for DOL and Supreme Court

  Regulation-weary employers excitedly anticipated the new Trump Administration – and its promises that ranged from repealing the Affordable Care Act to appointing a friendly U.S. Supreme Court Justice to abolishing the fiduciary and overtime regulations. But, change often comes slowly in government, and employer expectations have been frustratingly delayed by some unexpected upsets on Capitol Hill. Apart from the last-minute decision to withdraw the GOP healthcare bill, here’s a quick update on two key Trump nominees.   Secretary of Labor   The ill-fated nomination…

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10 Mar 2017 Supreme Court Nominee Gorsuch Receives ABA’s Highest Rating

  On Thursday evening, March 9, the American Bar Association (ABA) released its much-anticipated evaluation of Supreme Court Nominee Neil Gorsuch to the Senate Judiciary Committee.  After a thorough and detailed review of the candidate’s temperament, integrity, and overall competence, all 14 members of the ABA’s Standing Committee unanimously rated Gorsuch – currently a judge on the Tenth Circuit Court of Appeals – as being “well-qualified,” the highest rating possible.   Getting a seal of approval from the ABA, which is often viewed as aligning…

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08 Mar 2017 Transgender Bathroom Case Sent Back to Lower Courts by Supreme Court

  On March 6, 2017, the Supreme Court canceled scheduled arguments in a case involving the bathroom rights of transgender students in public schools. The Court sent the case back to the 4th Circuit to reconsider the issue in light of the Department of Justice and Department of Education rescinding Obama-era guidance clarifying protections for transgender students.   The case, Gloucestor County School Board v. G.G., involved a transgender high school student seeking to use the boys’ restrooms at his high school. The plaintiff –…

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15 Aug 2016 Fifth Circuit Triples Down on the Legality of Class Action Waivers in Arbitration Agreements

  On August 10, the Fifth Circuit Court of Appeals – for the third time – rejected the National Labor Relations Board’s (NLRB) position that class action waivers in arbitration agreements are invalid under the National Labor Relations Act. In a short opinion, the Circuit said it was bound by its two previous published opinions directly addressing this issue and ruling that such waivers are valid pursuant to the Federal Arbitration Act.    The ruling last Wednesday was the first time the Fifth Circuit has…

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26 Feb 2015 Who Knew? U.S. Supreme Court Justices Offer Employment Tips

It was Supreme Court Justice Sonia Sotomayor who offered the first tip: “So why can’t the employer just simply say, ‘We have a Look Policy that doesn’t permit beards? Can you comply with that policy?’”   Justice Samuel Alito refined the suggestion; instead of asking whether an applicant can comply, he said, “Just say ‘Do you have any problem with that?’”   These surprisingly practical strategies might be the best take-away from the legal battle of EEOC v. Abercrombie & Fitch, the case where dress…

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27 Nov 2012 Supreme Court Examines “Supervisor” Definition In Bias Suits

On Monday, the U.S. Supreme Court heard oral arguments regarding the definition of a “supervisor” as it relates to an employer’s vicarious liability under Title VII of the Civil Rights Act of 1964.  In Vance v. Ball State University, the Court pressed both sides to explain what the impact would be should it expand the “supervisor” definition under Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) should the Court choose to expand the…

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24 Oct 2012 On The Radar: Supreme Court Set to Resolve Circuit Split as to Definition of Supervisor Under Title VII

The Supreme Court of the United States has agreed to review a Seventh Circuit decision involving the definition of a “supervisor” under Title VII.  The case, Vance v. Ball State University, could have significant employment law ramifications because “supervisors” automatically subject an employer to vicarious liability for its supervisors’ harassing conduct. Currently, the Seventh Circuit requires that employees have the authority “to hire, fire, demote, promote, transfer, or discipline an employee” to be considered a supervisor.  This bright-line, narrow definition ensures that alleged supervisors have…

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29 Jun 2012 Supreme Court’s Ruling on Healthcare Impacts Employers

In a 5-4 ruling, the U.S. Supreme Court has upheld nearly every provision of the Patient Protection and Affordable Care Act. Consequently, employers will need to prepare for full implementation of the Act this year and next in anticipation of a new health benefits world in 2014. See our B&T Healthcare Blog’s post for more information about the decision. 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…

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27 Jun 2012 U.S. Supreme Court Strikes Down Employment Provision in Arizona Immigration Law

The Supreme Court has ruled in Arizona v. United States, Dkt No. 11-182 that Arizona’s S.B. 1070, enacted in 2010 in reaction to increasing undocumented immigration into the State, is largely preempted by federal law. The decision, issued by Justice Kennedy, considered four provisions of the 2010 Arizona law and struck down three, including Section 5(C), which made it a state criminal misdemeanor for undocumented immigrants to apply for employment or work in the state. The Court held that the federal Immigration Reform and Control Act (IRCA)…

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