1. Transgender discrimination claims were dismissed by a federal court in Texas. A transgender employee of L-3 Communications filed suit against the company and its health insurance provider after she was denied coverage for breast implants. The implants were deemed medically necessary by a health care professional to treat gender dysphoria. The employee alleged discrimination in violation of Section 1557 of the Affordable Care Act, ERISA, and Title VII of the Civil Rights Act of 1964 (Title VII). The Texas court dismissed the Section 1557 and ERISA claims, finding that neither includes protections against gender identity discrimination. The judge declined to dismiss the employee’s Title VII claims against L-3 Communications, rejecting the company’s argument that the denial of benefits was not an adverse employment action. Kenneth J. Kelly, from Epstein Becker Green, has more.

    This is a segment from Employment Law This Week® (Episode 58: Week of February 13th, 2016), an online series by Epstein Becker Green. youtube.com/watch?v=65TFdv3BWj0

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  2. Maria VanHees, Edgewell Personal Care’s Assistant General Counsel for Labor and Employment, shares some advice on best practices in developing a beneficial relationship between legal and HR professionals:

    “To develop a beneficial relationship with human resources, learn about their challenges and their goals. To do this, get involved. Join group HR meetings, train on topics that are of interest to them, and visit their work sites. If you do this, you will foster a good working relationship, and you will gain valuable insight on how to best support human resources.”

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 59: Week of February 13th, 2016), an online series by Epstein Becker Green. youtu.be/65TFdv3BWj0

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  3. Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday!

    (1) Texas Court Dismisses Transgender Discrimination Claims

    Our top story: Transgender discrimination claims were dismissed by a federal court in Texas. A transgender employee of L-3 Communications filed suit against the company and its health insurance provider after she was denied coverage for breast implants. The implants were deemed medically necessary by a health care professional to treat gender dysphoria. The employee alleged discrimination in violation of Section 1557 of the Affordable Care Act, ERISA, and Title VII of the Civil Rights Act of 1964 (Title VII). The Texas court dismissed the Section 1557 and ERISA claims, finding that neither includes protections against gender identity discrimination. The judge declined to dismiss the employee’s Title VII claims against L-3 Communications, rejecting the company’s argument that the denial of benefits was not an adverse employment action. Kenneth J. Kelly, from Epstein Becker Green, has more.

    For more, click here: http://bit.ly/2l7bswA

    (2) Travel Ban Remains Blocked

    The U.S. Court of Appeals for the Ninth Circuit won’t reinstate President Trump’s travel ban. On February 9, 2017, a three-judge panel unanimously ruled that the executive order that suspended the entry of foreign nationals from seven mostly Muslim countries should remain blocked while the issue is in litigation. In an ironic twist, the Ninth Circuit cited a Fifth Circuit case opposing President Obama’s 2014 “Dreamers” executive action for the nationwide scope of the temporary restraining order and for Minnesota and Washington’s standing to bring the case. The Trump administration could appeal to the U.S. Supreme Court. In the meantime, the case is proceeding toward a hearing for a preliminary injunction back in the federal district court in Washington State.

    For more, click here: http://bit.ly/2lBoNgW

    (3) Third Circuit: Honest Belief Defeats FMLA Retaliation Case

    The Third Circuit rules that an “honest belief” can defeat a Family and Medical Leave Act (FMLA) retaliation claim. An employee was arrested for driving under the influence on a day that he had taken leave under the FMLA and subsequently fired. He filed an FMLA retaliation claim against his employer. In a precedential opinion, the Third Circuit found that an employer’s honest belief that a worker misused FMLA leave is a nondiscriminatory justification for termination, whether or not the belief was mistaken.

    For more on the case, click here: http://bit.ly/2lHYouS

    (4) NYSDOL Implements New Wage Discussion Law

    The New York State Department of Labor (DOL) clarified the pay transparency provisions of the equal pay law. In 2015, New York’s equal pay law made it illegal for employers to prohibit employees from discussing the wages of other employees. The law does allow employers to implement a written policy limiting these discussions without the other employees’ “prior permission.” The DOL issued new regulations that explain that a co-worker’s verbal authorization, if given voluntarily and in advance, is sufficient to meet the “prior permission” requirement.

    For more, click here: http://bit.ly/2lbtWvn

    (5) Tip of the Week

    Maria VanHees, Edgewell Personal Care’s Assistant General Counsel for Labor and Employment, shares some advice on best practices in developing a beneficial relationship between legal and HR professionals:

    “To develop a beneficial relationship with human resources, learn about their challenges and their goals. To do this, get involved. Join group HR meetings, train on topics that are of interest to them, and visit their work sites. If you do this, you will foster a good working relationship, and you will gain valuable insight on how to best support human resources.”

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  4. Andowah Newton, Director of Legal Affairs for LVMH Moët Hennessy Louis Vuitton Inc., has some advice on best practices for website accessibility and the Americans with Disabilities Act:

    This is a "Tip of the Week" segment from Employment Law This Week® (Episode 58: Week of February 6th, 2016), an online series by Epstein Becker Green.

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  5. Welcome to Employment Law This Week®! Subscribe to our channel for new episodes every Monday!

    (1) Trump Taps Judge Neil Gorsuch for Supreme Court
    Our top story: President Donald J. Trump nominated Judge Neil Gorsuch to the Supreme Court of the United States. If confirmed, the 49-year-old Tenth Circuit judge would fill the seat left vacant by the death of Justice Antonin Scalia. Gorsuch was appointed to the federal bench by President George W. Bush in 2006, and his opinions have demonstrated his strong textualist views. Notably, in the Hobby Lobby case, he wrote that the First Amendment protected an employer’s religious objections to the Affordable Care Act’s contraception mandate. Stuart Gerson, from Epstein Becker Green, has more:

    (2) Executive Orders on Immigration Create Uncertainty

    During his first week in office, President Trump signed three executive orders on immigration—two broaden the grounds for removal and detention of foreign nationals in this country, while the third bans the entry of foreign nationals into the United States from a list of seven countries. While it’s still unclear exactly to which categories of foreign nationals the third order applies, businesses that employ large numbers of nonimmigrant foreign workers and green card holders are already seeing the effects. Google, Airbnb, and Netflix are among the companies that have expressed concern over how these orders will affect their workforce. Another executive order reportedly is in the works that would prioritize the hiring of American workers and overhaul work-visa programs.

    For more, click here: http://bit.ly/2kwZmfE

    (3) Trump Appoints New EEOC and NLRB Acting Chairs

    Trump appointed acting chairs for two key federal agencies that handle employment issues. The President has appointed Victoria Lipnic as Acting Chair of the Equal Employment Opportunity Commission (EEOC). Lipnic has expressed concern over the EEOC's additions to the EEO-1 report that require significant pay data collection. And the sole Republican on the National Labor Relations Board, Philip Miscimarra, has been appointed Acting Chairman. While still outnumbered by the Democrats, Miscimarra’s appointment signals the beginning of the end of the “Obama Board,” which has taken an expansive view of the National Labor Relations Act and its applications.

    For more on the new NLRB Acting Chair, click here: http://bit.ly/2l4tHyY

    (4) Philadelphia Bans Wage History Inquiries for Applicants

    Inspired by a Massachusetts state law, Philadelphia is now the first city in the country to protect the privacy of a job applicant’s wage history. Philadelphia’s Wage Equity Law is intended to help eliminate one of the possible causes of pay disparities among men, women, and minorities. Philadelphia’s new law is part of a growing trend; similar legislation is being debated by both states and localities.

    For more, click here: http://bit.ly/2kp6I2z

    (5) Tip of the Week

    Andowah Newton, Director of Legal Affairs for LVMH Moët Hennessy Louis Vuitton Inc., has some advice on best practices for website accessibility and the Americans with Disabilities Act:

    Visit EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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Employment Law This Week®

Epstein Becker Green

Employment Law This Week® tracks the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. Presented by law firm Epstein Becker Green. Learn more at http://www.ebglaw.com/employment-law-this-week/

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