On October 1, 2022, the United States District Court for the Northern District of Texas held that Equal Employment Opportunity Commission (“EEOC”) guidance addressing sexual orientation and gender identity discrimination in...more
10/10/2022
/ Anti-Discrimination Policies ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hostile Environment ,
SCOTUS ,
Sexual Orientation Discrimination ,
Texas ,
Title VII
2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments...more
12/27/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Arbitration Agreements ,
Artificial Intelligence ,
Data Privacy ,
DFEH ,
Drug Testing ,
Employee Training ,
Employer Liability Issues ,
Exemptions ,
Federal Arbitration Act ,
Gender Identity ,
Local Ordinance ,
Medical Marijuana ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
NYSHRL ,
Paid Leave ,
Preemption ,
Right to Privacy ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
SHIELD Act ,
State Labor Laws ,
Statute of Limitations ,
Title VII
On April 22, 2019, the Supreme Court granted certiorari in three cases that raise the question of whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity. In two of the cases,...more
4/29/2019
/ Altitude Express Inc v Zarda ,
Appeals ,
Bostock v Clayton County Georgia ,
Certiorari ,
EEOC v RG & GR Harris Funeral Homes ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sexual Orientation Discrimination ,
Split of Authority ,
Title VII ,
Transgender
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the labor and employment landscape in 2019, including some significant laws set to go into effect this year, as well as...more
3/8/2019
/ #MeToo ,
Anti-Harassment Policies ,
Compensatory Damages ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Independent Contractors ,
Local Ordinance ,
Medical Leave ,
NLRA ,
NLRB ,
Paid Family Leave Insurance Program ,
Paid Family Leave Law ,
Private Right of Action ,
Punitive Damages ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Title VII ,
Vacated ,
Yovino v Rizo
On January 25, 2019, New York Governor Andrew Cuomo signed into law the Gender Expression Non-Discrimination Act (GENDA). ...more
After 16 years of debate and discussion, the New York State Legislature recently passed the Gender Expression Non-Discrimination Act (“GENDA”), which would amend the New York State Human Rights Law to expressly prohibit...more
1/18/2019
/ Back Pay ,
Compensatory Damages ,
Gender Expression ,
Gender Identity ,
Hate Crimes ,
Non-Discrimination Rules ,
NYHRL ,
Proposed Legislation ,
State Labor Laws ,
State Legislatures ,
Transgender
The New York City Commission on Human Rights (the “Commission”) has issued a Notice of Public Hearing and Opportunity to Comment on proposed rules to establish certain definitions and clarify the scope of protections against...more
8/14/2018
/ Employee Benefits ,
Employee Restrooms ,
Gender Discrimination ,
Gender Expression ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Local Ordinance ,
Notice and Comment ,
NYCCHR ,
NYCHRL ,
Public Comment ,
Public Hearing ,
Transgender
New Hampshire has enacted a law to prohibit discrimination based on gender identity in employment, housing, and public accommodation. The law, which amends the state’s Law Against Discrimination, takes effect July 8, 2018....more
6/11/2018
/ Employer Liability Issues ,
Employment Discrimination ,
Gender Discrimination ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Housing Discrimination ,
Job Ads ,
Public Accommodation ,
Residential Real Estate Market ,
State Legislatures
In an 8-3 en banc decision in Hively v. Ivy Tech Community College of Indiana, the Seventh Circuit has held that discrimination based on sexual orientation is a form of sex discrimination under Title VII. In so holding, the...more
4/7/2017
/ Appeals ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Split of Authority ,
Title VII ,
Transgender
On December 21, 2015, the New York City Commission on Human Rights issued new enforcement guidelines regarding discrimination on the basis of gender identity or expression. While the City Council added transgender protections...more