The current state of the economy has affected employers nationwide by causing a widespread recent increase in mass reductions-in-force. In February 2009 alone, 2,769 mass reductions-in-force occurred, which affected 295,000 workers (seasonally adjusted), according to statistics released by the Labor Department. As employers prepare for a reduction-in-force, they must consider the ramifications to minimize their potential for legal liability under the WARN Act.

by Preston B. Davis

Pick up a newspaper or turn on the television and, undoubtedly, you will read or hear about a layoff. Unfortunately, layoffs are a reality in a bad economy. A layoff is not always necessary, however, and does not always produce the desired result – a better bottom line through reduced expenses.

by Lisa J. Bauer

With recent elections came new laws and/or proposed changes to existing laws that affect human resources practices. The following describes some recent proposed and enacted legislation and case law of which you should be aware in terms of keeping your employee handbook up to date both now and in upcoming months.

by Richard M. Escoffery and Kristin Trulock

Title VII has long declared it unlawful to discriminate against a person in employment “because of … sex.” The limits of the term “sex” under Title VII, however, continue to evolve. Traditionally, courts have confined Title VII’s prohibition against sex discrimination to biological men and women, excluding from the statute’s protections any claims based on sexual orientation or gender identity. Over time, these same courts have blurred the line by holding that Title VII protects individuals who fail to conform to traditional sex stereotypes, thereby arming some lesbian, gay, and transgender litigants with a viable theory on which to pursue sex discrimination claims. One federal court recently went even further, holding that discrimination against transsexuals because they are transsexuals is literally discrimination because of sex under Title VII.