On April 25, 2016, the Second Circuit Court of Appeals ruled in a 2-1 decision that NFL Commissioner Roger Goodell’s four game suspension of New England Patriots quarterback Tom Brady would stand. While the federal court’s decision is noteworthy for the impact it will have on the NFL (and its legions of fantasy league players) this fall, the decision also highlights an important aspect of arbitration that employers should be aware of – court deference to arbitral decisions and authority. Generally, courts will avoid vacating or modifying an arbitrator’s decision unless it falls under a few very narrow exceptions. Courts take the position that since the parties agreed to the arbitration process and to have an arbitrator decide their claims, the judicial system should not involve itself in that process unless absolutely necessary. The Brady case is an excellent example of this legal doctrine in practice.
Biological gender or gender identification? The question is gaining increased importance when it comes to employers, currently with the topic of public restrooms. Following backlash from guidance from the Michigan Department of Education on restroom options for LGBT students and a recent North Carolina ordinance, Patricia Nemeth, founder of Nemeth Law, looks at the potential impact on employers and workplace restrooms. Recent trends indicate the public restroom battle will quickly move to private restrooms and employers should have a plan of action in place with an emphasis on gender identity for bathroom preference.
