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Full Second Circuit Asked to Revisit Prior Precedent that Title VII Does Not Protect Sexual Orientation

On April 3, 2017, in Christiansen v. Omnicom Group, Inc., the Second Circuit held that it was bound by prior precedent in ruling that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation...more

"Common Sense Reality": Seventh Circuit Holds That Sexual Orientation Discrimination Violates Title VII

In a landmark decision overruling decades of precedent, the Seventh Circuit en banc declared that sexual orientation discrimination violates Title VII in Hively v. Ivy Tech Community College. This comes as the first decision...more

President Trump Revokes Blacklisting Executive Order, Including Paycheck Disclosure Requirements

President Trump has signed a Joint Resolution (H.J. Res. 37) disapproving federal agency rules implementing the Fair Pay and Safe Workplaces Executive Order (EO 13673) (also known as the “Blacklisting” EO) signed by former...more

Second and Eleventh Circuits Rule They are Bound by Prior Precedent that Title VII Does Not Prohibit Sexual Orientation...

As these authors have previously reported, several cases analyzing whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964 have been winding their way through the courts. ...more

Fourth Circuit Creates New Joint Employment Test under the Fair Labor Standards Act

The United States Court of Appeals for the Fourth Circuit recently issued a decision which clarifies and expands the circumstances under which entities may be held liable as joint employers under the Fair Labor Standards Act...more

Trump Administration Withdraws Motion Seeking to Limit Court's Stay of Obama's Transgender Bathroom Guidance in Public Schools

There has been much speculation about the Trump administration’s position with respect to LGBTQ rights. We may now have our first glimpse. Just days after Jeff Sessions was confirmed as Attorney General, the government has...more

Seventh Circuit Indicates It May Conclude that Sexual Orientation Discrimination is Sex Discrimination Under Title VII

Since its enactment, courts have followed the premise that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation discrimination. A changing of the tides began in July 2015, when the Equal Employment...more

Supreme Court Upholds University Affirmative Action Admissions Policy

On June 23, 2016, the U.S. Supreme Court held for the second time that race may be taken into account when public universities and colleges admit students. In a 4-3 decision (Justice Kagan recused herself based on her prior...more

3 Legal Mistakes Hiring Managers Make In the Employment Process

In your experience, what's the one legal mistake hiring managers always (inadvertently) make? That's the question we asked labor and employment attorneys writing on JD Supra - and here is what we heard back...more

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