Litigation

Senate Considers Bill That Could Encourage Workplace Litigation, Speech Curbs

A lawyer's delight

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15-to-7 to approve the Employment Non-Discrimination Act, "a bill that would prohibit employers from discriminating against workers on the basis of sexual orientation or gender identity," reports the Huffington Post. We previously explained why the bill would encourage meritless litigation through one-way fee-shifting — through the so-called Christiansburg Garment rule — and would undermine free speech about sexual-orientation-related issues in religious bookstores, and within religious broadcasters and newspapers (This is because under it, the courts might allow gay employees who overhear theologically-conservative viewpoints about gay marriage or sexual relations or morality, or are exposed to religious books and commentary in bookstores or radio or TV shows containing such viewpoints, to bring "hostile work environment" claims, as I also explain further below).

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