Took an online survey? It didn’t even take too long. It explored a range of important topics in hopes of creating a picture of the challenges and goals of attorneys practicing law today.
No joke.
Please take a few minutes to complete the online State of the Profession Survey from the N.C. Chief Justice’s Commission on Professionalism. The survey password was mailed to all licensed North Carolina attorneys on April 5. Email [email protected] if you need help.
For those who have completed the survey, thank you very much for your participation.
https://www.ncbarblog.com/wp-content/uploads/2017/04/Success-Opposite-Decision-Failure-Choice-Choose-1123017.jpg640960NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-04-12 11:45:002017-04-12 11:45:00Have You Heard the One About the Lawyer Who …
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Practitioners in our field have grown accustomed to seeing others’ dismay as they discover that Title VII does not bar sexual orientation discrimination. “That can’t be true—it’s 2017!” For decades, the prevailing belief, and reality, was that employers could discriminate against employees on the basis of their sexual orientations with relative impunity and the wronged employees would generally have no legal recourse. Hardened employment lawyers got used to this, but for most people this situation was nearly impossible to comprehend.
That common-sense disbelief has finally led somewhere. On April 4, 2017, the full 7th Circuit U.S. Court of Appeals, in an 8-3 decision, ruled that sex discrimination extends to sexual orientation. The case is Hively v. Ivy Tech Community College of Indiana, No. 15-1720, (7th Cir. Apr. 4, 2017) (https://assets.documentcloud.org/documents/3536022/Hively-Opinion.pdf_) and we should get to know it.
Kimberly Hively, the plaintiff-appellant, was a part-time, adjunct professor at Ivy Tech Community College. She was, as the court put it, “openly lesbian.” Hively applied for six full-time positions and received none of them. Ivy Tech eventually decided not to renew her existing contract. Without the assistance of counsel, Hively filed an EEOC Charge that bluntly stated, “I believe I am being discriminated against based on my sexual orientation. I believe I have been discriminated against and that my rights under Title VII of the Civil Rights Act of 1964 were violated.”
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-04-06 14:04:272017-04-06 14:04:27Seventh Circuit Finds That Sex Discrimination Includes Sexual Orientation
The repeal of House Bill 2 ends a year of high drama in The Old North State, but many challenges remain for the LGBTQ community. Gone is the clause prohibiting anyone from using a restroom other than that which corresponds to their birth certificate. But also missing is any protection affirmatively granting transgender, genderqueer, and gender nonconforming people the right to use the restroom corresponding to their gender identity.
This vacuum is a return to the status quo pre-HB2. For publicly owned facilities, gone is the worry that using the restroom is against the law. Without any legal protection, however, the simple act of using the restroom continues to be dangerous in light of potential harassment or physical aggression from others in the bathroom.
As to private employers, it remains legal in North Carolina to deny someone employment or access to public accommodations on the basis of their sexual orientation or gender identity following this repeal. Local governments are powerless to provide otherwise until Dec. 1, 2020.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-04-06 14:03:442017-04-06 14:03:44House Bill 2 Repealed But Challenges Remain for LGBTQ Community
The pursuit of happiness – professional and personal – is always in the back of our minds. For a few minutes, we’d like to put it front and center.
If you’ve not yet completed the online State of the Profession Survey from the N.C. Chief Justice’s Commission on Professionalism, please take some time to do so now at https://www.surveymonkey.com/r/stateoftheprofession. The survey password was mailed to all licensed North Carolina attorneys on April 5.
For those who have completed the survey, thank you very much for your participation.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-04-04 15:51:162017-04-04 15:51:16Attention Paralegal Division Members: Scholarship Time Is Here!
On March 23, 2016, the General Assembly enacted, and Gov. McCrory signed, HB2, which became Session Law 2016-3. On July 18, 2016, Gov. McCrory “approved” HB169 (the legislative “fix”), which became Session Law 2016-99.
On the one-year anniversary of HB2, the NCAA set a deadline of March 30, 2016, for North Carolina to repeal HB2 or be eliminated as a possible venue for hosting any NCAA championship games through 2022. Accordingly, on March 30 the General Assembly filed, passed, and Gov. Cooper signed, HB142, which repeals both S.L. 2016-3 and S.L. 2016-99, and amends NCGS § 143-760 (created by HB2) to prevent any “local government in this State” from enacting or amending “an ordinance regulating private employment practices or regulating public accommodations” until Dec. 1, 2020 (at which point that provision expires), and preempt regulation of access to multiple occupancy restrooms, showers or changing facilities by “State agencies, boards, offices, departments, institutions, branches of government, including the University of North Carolina and the North Carolina Community College System, and political subdivisions of the State, including local boards of education,” “except in accordance with an act of the General Assembly.”
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-03-31 16:36:502017-03-31 16:36:50HB2 'Repeal': How Does It Change Employment Law?
In July 2016, and again on Dec. 14, 2016 (during the fourth special session ostensibly called to deal with HB2), N.C. House representatives introduced bills to statutorily exempt franchisors from responsibility and liability regarding North Carolina’s wage and hour, OSH, Workers Comp, and unemployment insurance requirements. The proffered language created a new statute (N.C.Gen.Stat. § 95-25.24A) providing,
“Neither a franchisee nor a franchisee’s employee shall be deemed to be an employee of the franchisor for any purposes, including, but not limited to, this Article and Chapters 96 and 97 of the General Statutes. For purposes of this section, “franchisee” and “franchisor” have the same definitions as set out in 16 C.F.R. § 436.1.”
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-03-30 10:27:422017-03-30 10:27:42Franchisor Exemption Again On the Table
I am excited to announce the retirement of our newsletter. Why is that exciting news? Because with the retirement of the newsletter comes the birth of our blog! Publication of a newsletter required months of work soliciting and collecting articles and case law reviews. Because it could take months to put a new edition together, information in the newsletter was rarely “breaking news,” but the blog format allows us to more easily send interesting and timely content to section members. As the blog gets going, you can expect to see articles written by section members, case law updates, information about section activities and events, and links to articles that may be of interest to section members. Now that I have everyone’s attention, and speaking of section activities, let’s talk for a minute about how you can volunteer to serve on one of our section’s committees. (OK, not the most elegant segue, but hopefully you will keep reading.)
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-03-29 16:21:452017-03-29 16:21:45The Chair’s Column: We have a blog? When did that happen?
Caroline K. Grubbs v. Robert W. Grubbs Jr., Unpublished, No. COA16-129 (March 7, 2017)
Plaintiff and her trial counsel appealed from the trial court’s imposition of Rule 11 sanctions against them, denial of a Motion to Continue, and denial of a Motion for Reassignment of Judge. The Court of Appeals reversed in part, vacated in part, and remanded in part.
Have You Heard the One About the Lawyer Who …
Featured PostsTook an online survey? It didn’t even take too long. It explored a range of important topics in hopes of creating a picture of the challenges and goals of attorneys practicing law today.
No joke.
Please take a few minutes to complete the online State of the Profession Survey from the N.C. Chief Justice’s Commission on Professionalism. The survey password was mailed to all licensed North Carolina attorneys on April 5. Email [email protected] if you need help.
For those who have completed the survey, thank you very much for your participation.
Articles of Interest
Sports & Entertainment Law SectionMembers of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section:
Supreme Court Finds Cheerleading Uniform Designs Copyrightable – http://www.proskauer.com/publications/client-alert/supreme-court-finds-cheerleading-uniform-designs-copyrightable/
New Calif. Law Will Change Youth Sports Concussion Cases – http://www.buchalter.com/publication/new-calif-law-will-change-youth-sports-concussion-cases/
Court of Appeals Rules that Over-the-Top Video Service is Not a Cable System Entitled to Statutory License to Retransmit TV Station Programming –http://www.broadcastlawblog.com/2017/03/articles/court-of-appeals-rules-that-over-the-top-video-service-is-not-a-cable-system-entitled-to-statutory-license-to-retransmit-tv-station-programming/
Bridging the gap – the highs and lows of the salary landscape in women’s sport –http://www.sports.legal/2017/03/bridging-the-gap-the-highs-and-lows-of-the-salary-landscape-in-womens-sport/
April Regulatory Dates for Broadcasters – Quarterly Issues Programs Lists and Children’s Television Reports, Incentive Auction Closing Notice, AM Translator Site Relocation Relaxation Effective Date –http://www.broadcastlawblog.com/2017/03/articles/april-regulatory-dates-for-broadcasters-quarterly-issues-programs-lists-and-childrens-television-reports-incentive-auction-closing-notice-am-translator-site-relocation-relaxation/
Agents Convicted for Smuggling Cuban Baseball Players – http://www.collegeandprosportslaw.com/uncategorized/agents-convicted-for-smuggling-cuban-baseball-players/
Washington Post Article Highlights Alleged Improper Drug Practices By NFL Teams – http://www.quarles.com/publications/washington-post-article-highlights-alleged-improper-drug-practices-by-nfl-teams/
U.S. Women’s Hockey Team “Dropping the Gloves” for Pay Equity – http://www.payequityadvisor.com/2017/03/u-s-womens-hockey-team-dropping-the-gloves-for-pay-equity/
FCC Releases Draft Order to Reinstate UHF Discount at April 20 Meeting – A New Round of TV Consolidation? – http://www.broadcastlawblog.com/2017/03/articles/fcc-releases-draft-order-to-reinstate-uhf-discount-at-april-20-meeting-a-new-round-of-tv-consolidation/
THE LATEST: Antitrust Umps Throw Out Information Exchanges Relating To LA Dodgers Broadcast Rights – http://www.antitrustalert.com/2017/04/articles/cartel-enforcement/the-latest-antitrust-umps-throw-out-information-exchanges-relating-to-la-dodgers-broadcast-rights/
Defamation Law Series: California Court of Appeal SLAPPS Several Claims Asserted Against Boxer Floyd Mayweather – http://www.dryewit.com/2017/04/defamation-law-series-california-court-of-appeal-slapps-several-claims-asserted-against-boxer-floyd-mayweather/
New Jersey Fantasy Sports Regulations Coming Soon? – http://www.kleinmoynihan.com/new-jersey-fantasy-sports-regulations-coming-soon/
Nevada Leads the Way on Esports Wagering – http://www.dickinson-wright.com/news-alerts/ghln-volume-10-number-1
Seventh Circuit Finds That Sex Discrimination Includes Sexual Orientation
Labor & Employment LawLabor & Employment Law Section
By Sean F. Herrmann
Practitioners in our field have grown accustomed to seeing others’ dismay as they discover that Title VII does not bar sexual orientation discrimination. “That can’t be true—it’s 2017!” For decades, the prevailing belief, and reality, was that employers could discriminate against employees on the basis of their sexual orientations with relative impunity and the wronged employees would generally have no legal recourse. Hardened employment lawyers got used to this, but for most people this situation was nearly impossible to comprehend.
That common-sense disbelief has finally led somewhere. On April 4, 2017, the full 7th Circuit U.S. Court of Appeals, in an 8-3 decision, ruled that sex discrimination extends to sexual orientation. The case is Hively v. Ivy Tech Community College of Indiana, No. 15-1720, (7th Cir. Apr. 4, 2017) (https://assets.documentcloud.org/documents/3536022/Hively-Opinion.pdf_) and we should get to know it.
Kimberly Hively, the plaintiff-appellant, was a part-time, adjunct professor at Ivy Tech Community College. She was, as the court put it, “openly lesbian.” Hively applied for six full-time positions and received none of them. Ivy Tech eventually decided not to renew her existing contract. Without the assistance of counsel, Hively filed an EEOC Charge that bluntly stated, “I believe I am being discriminated against based on my sexual orientation. I believe I have been discriminated against and that my rights under Title VII of the Civil Rights Act of 1964 were violated.”
Read more
House Bill 2 Repealed But Challenges Remain for LGBTQ Community
Labor & Employment LawThe repeal of House Bill 2 ends a year of high drama in The Old North State, but many challenges remain for the LGBTQ community. Gone is the clause prohibiting anyone from using a restroom other than that which corresponds to their birth certificate. But also missing is any protection affirmatively granting transgender, genderqueer, and gender nonconforming people the right to use the restroom corresponding to their gender identity.
This vacuum is a return to the status quo pre-HB2. For publicly owned facilities, gone is the worry that using the restroom is against the law. Without any legal protection, however, the simple act of using the restroom continues to be dangerous in light of potential harassment or physical aggression from others in the bathroom.
As to private employers, it remains legal in North Carolina to deny someone employment or access to public accommodations on the basis of their sexual orientation or gender identity following this repeal. Local governments are powerless to provide otherwise until Dec. 1, 2020.
Read more
No Lawyer Jokes Here – Attorney Survey Is Serious Stuff
Featured PostsThe pursuit of happiness – professional and personal – is always in the back of our minds. For a few minutes, we’d like to put it front and center.
If you’ve not yet completed the online State of the Profession Survey from the N.C. Chief Justice’s Commission on Professionalism, please take some time to do so now at https://www.surveymonkey.com/r/stateoftheprofession. The survey password was mailed to all licensed North Carolina attorneys on April 5.
For those who have completed the survey, thank you very much for your participation.
Read more
Attention Paralegal Division Members: Scholarship Time Is Here!
Paralegal DivisionThe NCBA Paralegal Division provides scholarship awards to two members each year. One is a membership scholarship, and one is a student scholarship.
The Paralegal Division Membership Scholarship package is valued at approximately $800 and provides an award of the following:
The Paralegal Division Student Scholarship provides an award of $500 in tuition paid directly to your educational institution.
GO TO THE PARALEGAL DIVISION HOME PAGE TO DOWNLOAD SCHOLARSHIP APPLICATIONS
Read more
HB2 ‘Repeal’: How Does It Change Employment Law?
Labor & Employment LawLabor & Employment Section
By Laura J. Wetsch
On March 23, 2016, the General Assembly enacted, and Gov. McCrory signed, HB2, which became Session Law 2016-3. On July 18, 2016, Gov. McCrory “approved” HB169 (the legislative “fix”), which became Session Law 2016-99.
On the one-year anniversary of HB2, the NCAA set a deadline of March 30, 2016, for North Carolina to repeal HB2 or be eliminated as a possible venue for hosting any NCAA championship games through 2022. Accordingly, on March 30 the General Assembly filed, passed, and Gov. Cooper signed, HB142, which repeals both S.L. 2016-3 and S.L. 2016-99, and amends NCGS § 143-760 (created by HB2) to prevent any “local government in this State” from enacting or amending “an ordinance regulating private employment practices or regulating public accommodations” until Dec. 1, 2020 (at which point that provision expires), and preempt regulation of access to multiple occupancy restrooms, showers or changing facilities by “State agencies, boards, offices, departments, institutions, branches of government, including the University of North Carolina and the North Carolina Community College System, and political subdivisions of the State, including local boards of education,” “except in accordance with an act of the General Assembly.”
Read more
Franchisor Exemption Again On the Table
Labor & Employment LawLabor & Employment Law Section
By Laura J. Wetsch
In July 2016, and again on Dec. 14, 2016 (during the fourth special session ostensibly called to deal with HB2), N.C. House representatives introduced bills to statutorily exempt franchisors from responsibility and liability regarding North Carolina’s wage and hour, OSH, Workers Comp, and unemployment insurance requirements. The proffered language created a new statute (N.C.Gen.Stat. § 95-25.24A) providing,
“Neither a franchisee nor a franchisee’s employee shall be deemed to be an employee of the franchisor for any purposes, including, but not limited to, this Article and Chapters 96 and 97 of the General Statutes. For purposes of this section, “franchisee” and “franchisor” have the same definitions as set out in 16 C.F.R. § 436.1.”
Read more
The Chair’s Column: We have a blog? When did that happen?
Family Law SectionFamily Law Section
I am excited to announce the retirement of our newsletter. Why is that exciting news? Because with the retirement of the newsletter comes the birth of our blog! Publication of a newsletter required months of work soliciting and collecting articles and case law reviews. Because it could take months to put a new edition together, information in the newsletter was rarely “breaking news,” but the blog format allows us to more easily send interesting and timely content to section members. As the blog gets going, you can expect to see articles written by section members, case law updates, information about section activities and events, and links to articles that may be of interest to section members. Now that I have everyone’s attention, and speaking of section activities, let’s talk for a minute about how you can volunteer to serve on one of our section’s committees. (OK, not the most elegant segue, but hopefully you will keep reading.)
Read more
Case Summaries of Recent N.C. Court of Appeals Decisions
Family Law SectionBy Rebecca Poole, Jennifer Smith and Rachel Beard
Rule 11 Sanctions
Caroline K. Grubbs v. Robert W. Grubbs Jr., Unpublished, No. COA16-129 (March 7, 2017)
Plaintiff and her trial counsel appealed from the trial court’s imposition of Rule 11 sanctions against them, denial of a Motion to Continue, and denial of a Motion for Reassignment of Judge. The Court of Appeals reversed in part, vacated in part, and remanded in part.
Read more