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Business Community Responds to Administration’s Transgender Discrimination Memorandum

The ink was still fresh on the DOJ’s October 4 memorandum recanting the federal government’s position that Title VII protects transgender individuals at work, as a drove of major U.S. businesses responded in opposition. In an amicus brief filed October 10, a group of 76 businesses and organizations demands equality in the workplace and urges […]

Case Dismissed: Judge Rules Allied Fire Can’t Compete in Court

A case decided this week by a Maryland federal court highlights the importance of careful drafting when it comes to non-compete agreements. Allied Fire Protection, Inc. v. Huy Thai, No. 17-551 (D. Md. 10/2/17).  In this case, Allied Fire Protection sought to enforce such an agreement when defendant Thai, a high-level employee, left to join […]

Class Actions, Collective Bargaining and a Colorado Cakeshop: Why The Supreme Court’s Fall Term Matters for Employers

The 2017-2018 Supreme Court  term could be a very significant one for employment law.  With a newly constituted conservative majority, the Court is poised to decide three cases that will likely have far-reaching implications on public sector collective bargaining, class action litigation, and discrimination on the basis of sexual orientation. Are Class Action Waivers in […]

When One Word Is Too Much… Single Racial Slur May Support Hostile Work Environment Claim

In Castleberry v. STI Group, No. 16-3131 (3d Cir. 2017), the Third Circuit Court of Appeals held that a manager’s one-time use of a racial slur, combined with his threat to fire a Black employee, could be enough to support a Section 1981 hostile work environment claim. Two Black laborers sued their staffing agency (STI) […]

In A Surprising ADA Plot Twist, The Seventh Circuit Affirms Additional Leave Is Not Always The Answer!

Employers with employees on leave often wrestle with the situation where the employee has exhausted all leave available under policy and statute, but are still not able to return to work and seek additional time off, usually supported by a doctor’s note. While the FMLA or similar statutory leave may no longer be available, I […]

Nuclear, Nucular, and Reasonable Accommodations

Remember when President George W. Bush, when discussing nuclear weapons, pronounced the word “nuclear” as “nucular”? It is probably no surprise that reading ability is important when it comes to those who work with nuclear materials. It is also unsurprising that a reasonable accommodation may be appropriate for someone who works with nuclear materials, but […]