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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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18 Jun 2018 What will really move the needle in improving harassment prevention?

I just published an article in the Ohio State Bar Association Labor & Employment news examining which of the hot topics of discussion in the wake of #MeToo are likely to actually decrease workplace harassment.  The question is not whether it is a good idea to improve harassment prevention – even most employers that have done an excellent job complying with their legal requirements and promptly addressing complaints believe there is unreported harassment out there and they want to  find it.   The question is…

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21 May 2015 Constructive discharge case reaches the U.S. Supreme Court

While the U.S. Supreme Court is sprinting to the finish line of its current 2014-2015 term at the end of June, the court already is starting to fill its docket of cases for the October 2015 term and a constructive discharge case will be among those heard and decided in the next year.   In a nutshell, a constructive discharge claim arises when an employee asserts that an employer made working conditions so intolerable that a reasonable person in the employee’s position would feel forced…

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09 Jan 2015 EEOC to Consider “Best Practices” for Prevention of Workplace Harassment

While most employers likely think of the U.S. Equal Employment Opportunity Commission first and foremost as an enforcer of federal non-discrimination laws through its charge investigations and litigation, the Commissioners at the EEOC appear to be opening the New Year with a focus on preventative measures.   The Commissioners are scheduled to hold a meeting on Wednesday, Jan.14, 2015, to consider the subject of workplace harassment and specifically how employers can prevent and address harassment.   The Commission’s meeting at its Washington, D.C., headquarters, which…

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25 Jun 2013 Supreme Court Requires But-For Causation in Title VII Retaliation Claims

On June 24, 2013, the United States Supreme Court held in University of Texas Southwestern Medical Center v. Nassar, 570 U.S. ____ (June 24, 2013) (Nassar), that a plaintiff bringing a retaliation claim under Title VII must demonstrate “but for” causation, not merely that retaliation was a “motivating factor.”   Writing for the majority and relying on the plain language, structure, and history of Title VII, Justice Kennedy explained that the “motivating factor” standard applies only to claims of “status-based discrimination,” i.e. claims of discrimination…

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