News & Analysis as of

Civil Rights Act

The Higher They Are, The Harder You Fall

by Littler on

You don’t need to be a cable news network, a Hollywood production company, a media mogul or a politician in order to feel the ripple effect from the recent wave of workplace sexual harassment claims. While such harassment...more

Harvey Weinstein Case Brings Sexual Harassment Back to the Spotlight

by Cozen O'Connor on

The Harvey Weinstein case has brought a spotlight to a problem that has plagued not only Hollywood but other professions as well. While Corporate America has largely cleaned up its act and instituted robust anti-harassment...more

Paid Family Leave Policies May Not All Be Equal: Starbucks Investors Questioning Differing Application of Paid Family Leave Policy

If your company has a family leave policy that goes beyond the legal requirements of the Family and Medical Leave Act (FMLA), does that policy need to apply to all employee levels equally? No. But as Starbucks is currently...more

2017 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare

by Snell & Wilmer on

As 2017 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are presenting our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 will cover...more

No Good Deed Goes Unpunished: Inferior Parental Leave Policies Can Result in Discrimination Claims

by McDermott Will & Emery on

To recruit and retain top talent, employers often offer benefits more generous than required under the law. Such benefits include unlimited vacation, paid maternity leave and paid paternity leave. However, a recent US Equal...more

U.S. Department of Justice Rescinds Policy Protecting Transgender Employees

by Franczek Radelet P.C. on

On October 4, 2017, the United States Department of Justice, through Attorney General Jeff Sessions, issued a memorandum rescinding an Obama-era policy protecting transgender employees from employment discrimination pursuant...more

Clougherty Packing Settles EEOC Sexual Harassment Suit for $100,000

Meat Packing Company Subjected Female Employees to Unwanted Touching and Comments, Federal Agency Charges - LOS ANGELES - Clougherty Packing, LLC, dba Farmer John, a Los Angeles-based meat processing company, will pay...more

Dash Dream Plant to Pay $110,000 to Settle EEOC Pregnancy Lawsuit

Don't Get Pregnant or You're Fired, Orchid Grower Told Employees, Federal Agency Charged - FRESNO, Calif. - A Merced County orchid grower will pay $110,000 and provide other relief to settle a pregnancy discrimination...more

Developing Legal Theory Allows DACA Recipients to Sue Under Section 1981

by Miles & Stockbridge P.C. on

It has long been thought that an employer may refuse to hire a foreign worker who: (1) is not currently authorized to work or (2) will require future visa sponsorship to work for the employer. A new legal theory has...more

Think before you joke, so you do not litigate funny

by FordHarrison on

Studies show that laughing boosts immunity, eases anxiety and stress, improves mood, decreases pain, and can even prevent heart disease. Socially, laughing strengthens relationships. In addition to the value of humor in our...more

Ongoing Debate Over Scope Of Workplace Bias Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 5, 2017, U.S. Attorney General Jeff Sessions issued an agency memorandum stating that the language contained in Title VII of the Civil Rights Act of 1964, “does not prohibit discrimination based...more

ACA Transgender Accommodation Mandate?

by Balch & Bingham LLP on

Readers will recall our surprise that so much of the rule-making under ACA § 1557 addressed transgender issues. We now have decisions from two federal district courts taking polar opposite positions on whether § 1557...more

DOJ Reverses Course—Title VII Does Not Cover Gender Identity

by Blank Rome LLP on

On October 5, 2017, Attorney General Jeff Sessions reversed the Department of Justice’s (“DOJ”) stance that gender identity is protected as part of the prohibition against “sex” discrimination in Title VII of the Civil Rights...more

The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more

Harvey Weinstein: beauty and the beastly mogul

by FordHarrison on

Over the last week, the fallout from a New York Times article regarding Harvey Weinstein has been swift and significant. On October 5, 2017, The Times published an explosive story about Hollywood producer and media mogul...more

Gender Identity Discrimination – Prohibited or Not?

by Akerman LLP - HR Defense on

Still confused as to where the Trump administration stands on whether Title VII prohibits discrimination based on gender identity? Attorney General Jeff Sessions’ recent announcement should clarify that for you. So what’s an...more

Is Gender Identity a Protected Class?

by LeClairRyan on

The Obama era Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) would have said, “YES.” Recently, the Trump Administration’s DOJ answered that question with a “NO,” reversing the federal...more

Sixth Circuit Holds Employer Not Vicariously Liable For Actions Of Alleged Supervisor In Title VII Same-Sex Sexual Harassment...

by FordHarrison on

Recently, the United States Court of Appeals for the Sixth Circuit in Hylko v. U.S. Steel Corporation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging same-sex sexual harassment...more

Attorney General Reverses DOJ Policy On Protection Of Transgender Employees Under Title VII

by Bowditch & Dewey on

On October 4, Attorney General Jeff Sessions issued a memorandum to all U.S. Attorneys announcing a new Department of Justice policy that Title VII of the Civil Rights Act of 1964 does not protect employees from...more

Feds Say Title VII Doesn't Cover Transgender Workers

by Fisher Phillips on

Attorney General Jeff Sessions formally reversed the federal government’s position on whether transgender workers are covered by Title VII of the Civil Rights Act, informing all U.S. Attorneys and heads of all federal...more

What Does Attorney General’s Memo on Transgender Rights Mean for Employers?

LGBTQ workplace rights is perhaps the most rapidly evolving area in employment law. On October 4, 2017, United States Attorney General Jeff Sessions formally weighed in on the topic. He issued a memorandum to all federal...more

Upcoming SCOTUS Term Promises To Be A Blockbuster

by Fisher Phillips on

If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more

Attorney General Nixes Title VII Gender I.D. Protection

by Sherman & Howard L.L.C. on

Attorney General Jeff Sessions informed U.S. Attorneys and federal agencies on Wednesday that Title VII does not protect gender identity as a status. Noting that the position was a “conclusion of law, not policy,” Sessions...more

Department of Justice Weighs In: Title VII Does Not Prohibit Gender Identity Discrimination

by FordHarrison on

Whether Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation, gender identity, transgender status and/or gender expression remains a heated debate in the courts and between...more

Attorney General Sessions And Justice Department Change Course On Recognizing Transgender Worker Rights Under Title VII

United States Attorney General Jeff Sessions has advised United States Attorneys across the country as well as federal agency heads that the Justice Department is reversing its prior position that Title VII of the Civil...more

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