Main Menu

The Saga Continues for Title VII and Transgender Identity

Much like Star Wars fans anticipate the rolling out of Episode after Episode, I have observed the developing landscape of Title VII sex discrimination with the sort of excitement that ordinarily warrants a big tub of popcorn.  The most recent activity is no exception. Two weeks ago, we reported on the Department of Justice’s statement […]

Spider Bite Opens Up Major Wound for City

Reminding us of the importance of lawful employment policies (and sticking to them!), the U.S. District Court for the Middle District of Tennessee recently decided that an African-American former employee may proceed with his Title VII retaliation and ADA failure to accommodate claims against the City of Lewisburg, Tennessee.  La’Monn Harris v. The City of […]

Red Cross Stuck With Phlebotomist’s Retaliatory Discharge Claim

On July 14, 2017, a Norfolk federal judge denied a motion to dismiss a former Red Cross employee’s claim that her employer fired her for reporting what she believed were health and safety violations committed by her supervisor.  Easterbrooks v. American Red Cross, No. 2:17cv98 (E.D.  Va. 2017). Judge Raymond Jackson ruled that plaintiff Julie […]

DOJ Goes Rogue On Whether Title VII Prohibits Sexual Orientation Discrimination

In an amicus brief filed July 26, 2017, with the Second Circuit Court of Appeals, the Department of Justice declared that an employee’s sexual orientation is not and should not be a protected status under Title VII of the Civil Rights Act of 1964.  Stated simply: sex discrimination does not extend to sexual orientation discrimination […]

OSHA Launches E-Filing for Mandatory Injury and Illness Reports

On August 1, the Occupational Safety and Health Administration’s (OSHA) electronic portal, the Injury Tracking Application (ITA), will go live for employers to file their reports of workplace illnesses and injuries.  OSHA’s electronic record-keeping rule, which applies to companies with 250 employees or more, requires employers to submit electronically the OSHA Form 300 (Log of […]

New I-9 Takes Effect September 18th

The U.S. Citizenship and Immigration Services has issued a new I-9 Form effective September 18, 2017.  The I-9 Form is used to document all new hires, and must be maintained by the employer until the later of (a) one year after the employee separated from the company or (b) three years after the employee began […]

Animal Planet and the Law

Part One – the Monkey Selfie case I read today about the Ninth Circuit argument held July 12 in Naruto v. David Slater, et al., No. 16-15469 (9th Cir.).  Known as the “monkey selfie” case, the matter involves a wild Celebes crested macaques (Naturo) who used a camera set up by a nature photographer to […]