Follow Kara Linkedin Twitter Facebook
Email Kara Email
Legal Issues
May 15, 2016

The Pending Legal Landscape Of Labor And Employment Law

Sponsored Content provided by Kara Gansmann - Attorney, Cranfill Sumner & Hartzog LLP

Numerous lawsuits and federal agencies may serve to shape labor and employment law across the country and in North Carolina. Here is a summary of some recent or pending outcomes:

Discrimination Based on Gender Identity or Sexual Orientation

  • In Grimm v. Gloucester County School Board, the Fourth Circuit ruled in favor of a transgender male high schooler, observing that if a school provides sex-segregated bathrooms pursuant to Title IX, transgender students may use the restroom associated with their gender identity.
  • In Carcano v. McCrory, a North Carolina federal court will consider whether the controversial HB2 violates Title IX and equal protection rights of a lesbian employee, a transgender student, and a transgender employee of our state universities.
  • In two separate cases, EEOC v. Pallet Companies and EEOC v. R.G. & G.R. Funeral Homes, Inc., other federal courts will consider Title VII claims for wrongful termination or harassment of employees, respectively a lesbian and a transgender female, based on the workers’ sexual orientation or non-conformity with the employer’s gender expectations or stereotypes.
  • In Broussard v. First Loan Tower, LLC, a federal court will consider a Title VII claim for wrongful termination based on a transgender male employee’s gender identity when the employee produced a driver’s license, indicating “female,” to a manger to complete employment paperwork and explained his transgender status.
  • In Lusardi v. McHugh, a transgender female was restricted to using a single stall restroom instead of the women’s restroom. The EEOC ruled that supervisory or co-worker confusion does not justify discriminatory employment conditions.
  • The U.S. Department of Labor Occupational Health and Safety Administration has instructed that an employee should be permitted to use a restroom corresponding to gender identity and that the employee may choose the safest and most appropriate option.
 Failure to Accommodate a Disability: Marijuana Use
  • North Carolina allows certain individuals with epilepsy to use and possess extracts from marijuana plants.
  • In Colorado, in Coats v. Dish Network, a court upheld the termination of a quadriplegic employee who used medical marijuana because use of marijuana still violates federal law and remains a lawful basis for termination even if state law permits its use.
  • If asked to accommodate medicinal marijuana, seek legal counsel.
Department of Labor Overtime Regulation Changes
  • Warning, Sharp Curve Ahead: Changes to the Department of Labor’s Overtime Regulations May Be Fast Approaching.
Given the evolution of these cases, employers are wise to review their employee handbooks, policies and procedures, and seek legal advice to learn how they can reduce their potential for liability.

Kara Gansmann, a North Carolina native, is an associate in Cranfill Sumner & Hartzog LLP’s Wilmington office, where she focuses her litigation and appellate practice on various aspects of labor and employment law, business and contractual disputes, medical malpractice, and HOA matters. To contact Kara Gansmann, call (910) 777-6055 or email her at [email protected].
 

Other Posts from Kara Gansmann

Wbj insights revised 0510 121615113531
Ico insights

INSIGHTS

SPONSORS' CONTENT
Mike stonestreet 300x300

Best Practices For Virtual Board Meetings

Mike Stonestreet - CAMS (Community Association Management Services)
Headshot2 3182020512

How To Protect Your HVAC From Hurricanes

Chris Jones - Green Dot Heating & Air
Burrus rob headshot 300x300

Coronavirus Analytics

Robert Burrus - Cameron School of Business - UNC-Wilmington

Trending News

For County's $1.3M Small Business Grant Program, More Details Coming

Cece Nunn and Christina Haley O'Neal - May 29, 2020

Local Nursing Homes Work To Keep Residents Safe And Connected

Jenny Callison - May 29, 2020

In The Current Issue

NHRMC: Suitors Come Calling

Of the six health systems that submitted proposals for buying or partnering with NHRMC, three have moved ahead of the rest of the pack for f...


WorkTok Aids Communication

One new Wilmington startup is trying to address those current workforce trends and increase employee/ employer interaction through its app,...


Info Junkie: Rhonda Bellamy

Rhonda Bellamy, executive director of the Arts Council of Wilmington/New Hanover County, shares her top tech and info picks....

Book On Business

The 2020 WilmingtonBiz: Book on Business is an annual publication showcasing the Wilmington region as a center of business.

Order Your Copy Today!


Galleries

Videos

2019 Health Care Heroes
August 26, 2019 Power Breakfast: A Healthy Sale?
2019 WILMA Leadership Accelerator
2019 WilmingtonBiz Expo Keynote Lunch - CEO, nCino, Pierre Naude`