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Transgender Employee Bathroom Use

Ah, the bathroom. A place of relief and solitude for many, but for the last six weeks, it has been the focus of controversy. North Carolina now requires that people only use restrooms designated for the gender that appears...more

CAS Legal Mailbag Question of the Week – May 2016

Dear Legal Mailbag: One of my teachers, Mal Content, has always been curt and lacking in compassion for his students. However, Mal seems to be getting worse and worse. Originally published in the CAS Weekly...more

EEOC Issues Fact Sheet on Transgender Employee Bathroom Access

As transgender bathroom access legislation continues to generate controversy across the U.S., the Equal Employment Opportunity Commission issued a new Fact Sheet unequivocally stating its position with regard to restroom use...more

The Obama administration weighs in on the transgender bathroom debate

This week the US Equal Employment Opportunity Commission (EEOC) and the US Department of Justice (DOJ) clarified that the Obama administration considers denying equal access to a bathroom corresponding to an individual's...more

Get Ready to Rumble—DOJ Alerts North Carolina Governor that New Bathroom Law Violates Federal Statutes

The head of the federal Justice Department’s Civil Rights Division wrote to North Carolina Governor Pat McCrory that HB2 (see our previous blog posts about HB2 here and here), a law banning public agencies from allowing...more

Special Report: How Should NC Employers Apply Restroom Policies Following HB2?

The Public Facilities Privacy & Security Act, commonly known as HB2, continues to generate controversy and confusion. The new law has caused many employers to reexamine their policies with regard to restroom use by employees...more

Do You Have To Accommodate An Employee Who Worships The Flying Spaghetti Monster?

Employers are generally aware of their duty to accommodate an employee’s religious beliefs. Whether that means rearranging work schedules, permitting modifications to dress codes, permitting prayer breaks, or any number of...more

Employment Law Letter - Spring 2016

Will Smoking Pot on the Job Get You Fired? You’d think that would be a slam dunk question, but if you’re a state employee whose union is willing to take your case to an arbitrator, apparently it isn’t. Back in 2012,...more

Bathrooms, Cakes, Wedding Poetry and DJs—Delving Into the North Carolina and Mississippi Laws on Transgender Issues

In the last several weeks, North Carolina and Mississippi have passed laws about transgender rights that have garnered headlines across the country. Although both touch on issues of transgender rights, they are actually very...more

Recent Cases Suggest Colleges and Universities Should Review Their Employee-On-Employee Sexual Harassment Policies

Just this past month, another Title IX lawsuit was filed against Columbia University (“Columbia”). This time, however, it involved the sexual harassment of an untenured professor by her mentor, a tenured professor....more

Higher Education Highlights - Spring 2016

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees...more

Suit Seeks To Block N.C. “Bathroom Bill”

Of significance to employers, the bill, which was signed into law last Wednesday, eliminates the common-law cause of action for wrongful discharge based on “EEO” discrimination....more

Can a Massachusetts Religious School Refuse to Employ a Worker in a Same-Sex Marriage?

In Barrett v. Fontbonne Academy, the Massachusetts Superior Court curtailed various statutory and constitutional defenses available to an employer affiliated with a religious institution that faces discrimination claims under...more

Interest Groups Support NCAA’s Anti-Felon Policy on Appeal

Recently, three interest groups filed an amicus brief to support the National Collegiate Athletic Association’s (“NCAA”) policy that bars anyone who has been convicted of a felony from coaching in NCAA-certified high school...more

“Cat’s Paw” Liability in Faculty Decision-Making

Children’s fables are often an overlooked source of wisdom. Take for example Aesop’s 17th century fable “The Monkey and the Cat.” As the story goes, a cat and monkey lived in the same house as pets. The monkey, desiring...more

On A Collision Course? How Religious Entities Should Address The Legal Expansions Of Gay Marriage And Gender Identity Protections

By now you are no doubt aware that the U.S. Supreme Court’s 2014 decision in Obergefell v. Hodges legalized same-sex marriage across the country. The decision has caused religious institutions and schools to ask about their...more

College Basketball Players Can Bring Sexual Orientation Claim Under Federal Law, And Why Employers Should Pay Attention

In the months since the EEOC’s landmark ruling in Baldwin v Foxx, the looming question has been: Would federal courts adopt the Commission’s position that claims of sexual orientation discrimination were cognizable under...more

A New Challenge to Anti-Nepotism Rules Based on Marital Status Discrimination

In a newly filed lawsuit that has garnered some publicity, a Shelton high school teacher is suing the Shelton Public Schools over the imposition of an anti-nepotism rule which she claims constitutes marital status...more

Trojan Travails: Coach Sarkisian’s Alcoholism-Discrimination Lawsuit Against USC

Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California. Actually, I got one email from a reader, who had a better take on...more

Perspectives - December 2015

Governor Signs New Law to Allow Asthma Inhalers in School and Camps. Asthma is a chronic lung disease that inflames and narrows the airways. It causes recurring periods of wheezing, chest tightness, shortness of breath...more

Canadian Employment News Series: BC Supreme Court overturns Human Rights Tribunal record award for injury to dignity

We reported previously on the decision of the Human Rights Tribunal in University of British Columbia v. Kelly. In that decision, the Human Rights Tribunal concluded that the University of British Columbia had discriminated...more

More Lawsuits This Holiday Season?

Employers are acutely aware of the legal pitfalls that come with the holiday season. Office parties and alcohol are a potent recipe for bad judgment, and that bad judgment leads to harassment charges and lawsuits. Another...more

King’s Way Baptist Church Sued By EEOC for Retaliation

Kindergarten Teacher at Church's Christian School Fired for Complaining About Sexual Harassment by Pastor, Federal Agency Charges - ATLANTA - The King's Way Baptist Church, Inc. of Douglasville, Ga., violated federal law...more

Making Bad Choices: Title IX, Title VII and Ludlow V. Northwestern University

A prior post considered the case of Ha v. Northwestern University, in which the plaintiff claimed that Northwestern had violated Title IX by insufficiently disciplining one of its professors, Peter Ludlow, despite concluding...more

What Should Employers Expect During The New Supreme Court Term?

The first Monday in October is the traditional first day of a new U.S. Supreme Court term.  As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers.  Here is a review of...more

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