LXBN This Week: EEOC on Criminal Records, Transgender Discrimination, BP Oil Spill Arrest, AZ Immigration Law at SCOTUS

As it was last week, LXBN was once again dominated by the employment law bloggers this week, as two of the most-discussed topics came from the realm of the EEOC. We also saw LXBN authors chime in on stories that had seen much discussion by the mainstream media: the first arrests following the BP oil spill and the controversial new Arizona immigration law hitting the Supreme Court. Finally, to round things out, we preview LXBN’s coverage of Avvocating 2012. First off, LXBN editors Colin O’Keefe and Jared Sulzdorf recap the week on video. All stories referenced in the video can be found in the links below. http://youtu.be/8OxCidndSMk

• Once again, an employment law story was the most talked-about topic on LXBN this week, as the EEOC issued guidance on the use of criminal records in employment decisions. LXBN members authored a total of 16 posts on the subject, with a few of the best coming from a few expected sources: Littler attorney Ilyse Schuman did a good job breaking things down, as did Daniel Schwartz of the Connecticut Employment Law Blog. My favorite post on the topic though comes from Constangy’s Robin Shea, as she pens a hilarious open letter to EEOC Chair Jacqueline Berrien.
• Macy v. Holder is the second of two prominent EEOC stories, in which the EEOC ruled this week that Title VII’s provisions against gender discrimination applies to transgendered persons as well. Littler’s Ilyse Schuman was on this story as well, as she does a good job detailing the story of Mia Macy, who accepted a job with Department of Justice but had job offer later revoked when she revealed she was making the transition from male to female. Tim Garrett also covered this story well on Bass Berry Sims’ Tennessee Labor Talk.
• Getting away from employment law and into a story that’s been picked up a lot by the mainstream media, we have the first arrests following the BP oil spill. Baker Hostetler’s Gil Keteltas was the first on this story for their Discovery Advocate publication, as he breaks down the e-discovery side of the story, which involves a BP engineer deleting 300 text messages just as the Department of Justice was coming to take a look. Daniel Purdom of Hinshaw & Culbertson’s White Collar Crime & Internal Investigations Blog also offered analysis on this story.
• And last on our trending subjects, we have a story I’m surprised hasn’t generated more conversation on LXBN: Arizona’s controversial immigration law going before the Supreme Court. Based on analysis from Jackson Lewis’ Jeffrey Toppel, the court may well uphold key elements of the law. He notes this key quote from Justice Scalia: “If, in fact, somebody who does not belong in this country is in Arizona, Arizona has no power? What does sovereignty mean if it does not include the ability to defend your borders?”
• Lastly, be sure to check out our coverage of Avvocating 2012 coming on LXBN this coming week. The conference kicks off Thursday, and that’s when you’ll see our coverage really get rolling, but we already have interviews up with Stephen Fairley of The Rainmaker Institute, Tyson Snow of Social Media, Esq.  and Avvo CEO Mark Britton.