Employment Law This Week®: Sexual Orientation Discrimination, NLRB Nominees, Trump’s Travel Ban, Dodd-Frank Whistleblower Protections

by Epstein Becker & Green
We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new five-minute episode!

This week’s stories include ...

(1) EEOC Weighs In on See more +

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new five-minute episode!

This week’s stories include ...

(1) EEOC Weighs In on Second Circuit Sexual Orientation Discrimination Case

Our top story: The Equal Employment Opportunity Commission (EEOC) argues that Title VII covers sexual orientation discrimination. The EEOC laid out its position on sexual orientation protections in an amicus brief requested by the U.S. Court of Appeals for the Second Circuit. The court is conducting an en banc review of a case involving a skydiver who claimed that he was fired for disclosing his sexual orientation to a customer. Relying on Second Circuit precedent, a three-judge panel found that sexual orientation was not covered under the law. The court en banc will decide whether that precedent should stand. Sheila Woolson, from Epstein Becker Green, has more:

“The EEOC's position is that Title VII prohibits sexual orientation discrimination for three separate reasons. One, the EEOC believes that it is discrimination based upon sex. In other words, you're treating a man who's in a relationship with a man differently than you would treat a woman who is in a similar relationship with a man. Two, EEOC believes that the discrimination is based on association. In other words, you're discriminating against someone because they associate with a member of the same sex. And for that reasoning, the EEOC draws upon cases that deal with racial discrimination. Third and finally, the EEOC takes the position that sexual orientation discrimination violates Title VII because it is, in effect, gender stereotyping.”

(2) Trump Nominates Kaplan and Emanuel to NLRB

President Trump announced his picks for National Labor Relations Board (NLRB) vacancies. The White House has announced the nomination of Marvin Kaplan and William Emanuel to fill two vacant seats on the NLRB. Kaplan currently serves as counsel for the Occupational Safety and Health Review Commission and previously worked for House Republicans. Emanuel is a management-side labor lawyer in Los Angeles. Both nominees are expected to be confirmed, which would give the NLRB its first Republican majority in nine years. The newly constituted NLRB will most likely reconsider a number of policy changes instituted by the Obama-era NLRB.

(3) Supreme Court Reinstates Limited Parts of Trump’s Travel Ban

Limited portions of President Trump’s travel ban have been reinstated. The Supreme Court of the United States has decided to hear arguments on the travel ban cases when it reconvenes in October. Until then, the Supreme Court has narrowed the scope of the lower courts’ temporary injunctions, allowing the ban to stop the admission of foreign nationals with no bona fide connections to the United States. In most cases, this standard should not affect foreign students or foreign nationals working for employers in the United States. However, this standard may restrict foreign nationals seeking to visit or come here as refugees because recent State Department guidance limits the definition of a “bona fide relationship” to a parent, spouse, son, daughter, son-in-law, daughter-in-law, or sibling already in the United States.

(4) High Court Takes on Whistleblower Split

The Supreme Court also announced last week that it will review the scope of whistleblower protections under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Supreme Court will hear an appeal from Digital Realty Trust out of the Ninth Circuit. The lower court ruled against the company, which fired an executive after he complained internally about alleged misconduct. The company is arguing that, because the executive did not report to the Securities and Exchange Commission, he is not entitled to whistleblower protections. The Supreme Court’s ruling will resolve a circuit split on the issue.

(5) Tip of the Week

Cecelia Block, Human Resources Director for The Economist Group, shares some of the top considerations to keep in mind before making changes to your health benefits plan:

“Before an employer considers making changes to the health benefits plan, the company should first ask themselves, what is the fundamental reason why your company provides health care benefits? Consider the size of your employee population, and whether a large network access, which is a higher cost, or smaller network access, lower cost, meets your employee needs. As the plan sponsor, you are responsible for exercising fiduciary responsibility over the plan when purchasing these products and exercising control over your vendors. ..."

Watch the episode and subscribe for notifications: EmploymentLawThisWeek.com. See less -


Other MultiMedia by Epstein Becker & Green

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Epstein Becker & Green | Attorney Advertising

Written by:

Epstein Becker & Green

Epstein Becker & Green on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.