Civil Rights Civil Procedure

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Seventh Circuit Says No Asylum for Bisexual Man; Posner Dissents

Last week, the Seventh Circuit declined to review the asylum application of a bisexual individual who applied for fear of persecution. Ray Fuller, 51, told an immigration judge and the Board of Immigration Appeals that he...more

Why Should Employers Take Pregnancy Discrimination and Accommodation Seriously? Here Are More Than 500,000 Reasons Why.

Doris worked for the Chipotle restaurant chain. And she was pregnant. After she announced her pregnancy to her supervisor, Doris claimed her boss began monitoring her bathroom breaks (then berated her for taking too long),...more

Seventh Circuit Clarifies Evidentiary Standard for Employment Discrimination Claims

In Ortiz v. Werner Enterprises, Inc., the U.S. Court of Appeals for the Seventh Circuit clarified its standard for evaluating evidence in employment discrimination cases and rejected prior decisions to the extent they...more

High Court Inclusive Communities Ruling: 1 Year Later

Last summer the U.S. Supreme Court issued its much-anticipated decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project,[1] holding that disparate impact discrimination claims are...more

Transgender Claim Meets Dress Code

The worlds of transgender versus religious rights collided hard recently when an EEOC action on behalf of a discharged transgender worker ran full force into a Religious Freedom Restoration Act (“RFRA”) defense, and the EEOC...more

Minister or Not? Gay Bias Case Turns on Employee’s Role

Seyfarth Synopsis: A federal judge has allowed a discrimination lawsuit to proceed against the Archdiocese of Chicago. The plaintiff alleges that his engagement to another man resulted in his termination. The church sought...more

The Seventh Circuit Clarifies Evidentiary Standards in Employment Discrimination Cases

In Ortiz v. Werner Enterprises, Inc., the Seventh Circuit stated in very clear terms that lower courts and parties to discrimination actions should not divide evidence into direct and circumstantial buckets under the familiar...more

Federal Judge Blocks Obama Administration’s Transgender Bathroom Policy

A federal judge in Texas has dealt a serious blow to the Obama administration’s transgender school bathroom directive, barring the federal order which required schools to allow transgender students to use bathrooms, locker...more

Windsor Inn Will Pay $200,000 to Settle EEOC Sexual Harassment and Retaliation Lawsuit

Restaurant Owner Harassed Female Employees, Federal Agency Said - BALTIMORE - A Baltimore restaurant, R.V. Associates Limited, doing business as Windsor Inn, will pay $200,000 and furnish significant equitable relief to...more

EEOC Loses Landmark Transgender Discrimination Case

Seyfarth Synopsis: In one of the first two ever transgender discrimination cases brought by the EEOC, a federal court in Michigan granted the employer’s motion for summary judgment, finding the employer met its burden in...more

"Employment Flash - August 2016"

The August 2016 edition of Employment Flash covers a number of developments, including the U.S. Supreme Court's ruling on when the clock starts ticking on the filing period for constructive discharge claims; the Department of...more

Arbitrator to Decide Whether Arbitrator to Decide

Who gets to decide who gets to decide whether a claim can be arbitrated? That was the question before the California Supreme Court—not whether a claim can be arbitrated, but who gets to decide that question? Is it an...more

Lessons in dealing with an “equal opportunity” harasser

A new opinion released by the Tenth Circuit provides practical tips to employers dealing with multiple employee complaints alleging generalized harassment and/or discrimination throughout the workplace....more

Wisconsin District Court Follows 5th Circuit: Internal Tipsters Are Not Considered “Whistleblowers” Under Dodd-Frank

On August 12, 2016, the U.S. District Court for the Eastern District of Wisconsin in Lamb v. Rockwell Automation Inc., No. 15-CV-1415-JPS (E.D. Wis. Aug. 12, 2016) held that the Dodd-Frank whistleblower protection provision...more

The Issues with Issue Certification

Rule 23(c)(4) has been been placed under a microscope in the past few years, largely because of the judicial response to the Supreme Court’s Comcast Corp. v. Behrend opinion, and the Rules Advisory Committee’s subsequent...more

U.S. Supreme Court Blocks Order Allowing Transgender Restroom Choice

On August 3, 2016, amidst national debate over transgender rights, the United States Supreme Court temporarily blocked a court order that had allowed a transgender student to use the boys’ restrooms in a Virginia high school....more

Guns and Motorcycle Clubs Oh My! – What’s an HR Manager To Do?

Seyfarth Synopsis: A couple of Circuit Court decisions last week may cause some trepidation for your company’s HR managers as they shuffle through the off-duty activities of company employees that get brought onto the...more

Seventh Circuit Holds Title VII Does Not Prohibit Sexual Orientation Discrimination, But Acknowledges Inherent Flaws in Precedent...

In a carefully reasoned but ultimately restrained opinion the Seventh Circuit held that Title VII does not prohibit discrimination in employment on the basis of sexual orientation. While declining to become the first circuit...more

Seventh Circuit Holds That Title VII Does Not Cover Sexual Orientation

Seyfarth Synopsis: The Seventh Circuit has ruled that Title VII does not provide protection from discrimination on the basis of sexual orientation. However, the reasoning behind the Court’s ruling seems calculated to bring...more

SEC Bounty Hunters Take Heart: SEC Fines Company $265,000 for Using Severance Agreements That Provided a Waiver of any Monetary...

Wednesday, the SEC announced that an Atlanta-based company, BlueLinx Holdings, is settling charges that its severance agreements contained provisions that in its view might impede employees from communicating directly with...more

SEC Issues Cease-and-Desist Order Against Severance Agreement Clause Limiting Whistleblowers' Rights to Recover Bounty Awards

On August 10, 2016, the U.S. Securities and Exchange Commission issued a cease-and-desist Order and imposed remedial sanctions against a publicly traded company for including language in its severance agreements requiring...more

Advocates for Individuals with Disabilities Foundation and Peter Strojnik Have Filed Another Wave of Disability Lawsuits in...

Just as I finished writing about the wave of new Title III Americans with Disabilities Act (ADA) lawsuits in Arizona, ABC15 published an expose on one of the organizations leading the pack in filing thousands of lawsuits–...more

Second Circuit Revives Title IX Reverse Discrimination Suit against Columbia University

In a significant recent decision, the Second Circuit made it easier for college students punished for sexual assault to bring reverse discrimination claims under Title IX. In Doe v. Columbia University, 2016 WL 4056034 (July...more

United States Supreme Court Issues Temporary Stay of Fourth Circuit's Transgender Restroom Decision

This Client Alert is in follow-up to our April 22, 2016 and May 13, 2016 Legal Updates addressing transgender student issues under Title IX of the Education Amendments Act of 1972 (“Title IX”). On August 3, 2016 the...more

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