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Discrimination › Title VII › Sexual Stereotyping

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges...more

Fisher Phillips

Re-Evaluating the Weight of the “Subtle” Discriminatory Remarks: One Pennsylvania Federal Court Discusses "Subtle” Sex...

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Although sex discrimination claims are often met with explanations that the alleged offender didn’t realize what they said or did was offensive, or that the recipient misinterpreted the words or actions of the alleged...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Missouri Court Tackles Sex Stereotyping, Highlights Sexual Orientation and Gender Identity Issues

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While nearly half of all states expressly prohibit discrimination based on sexual orientation and/or gender identity, Missouri is not one of those states. However, the Missouri Court of Appeals recently issued a decision in...more

Parker Poe Adams & Bernstein LLP

Tenth Circuit Says Female Employee Who "Butted Heads" With Management Was Fired Based on Gender Stereotype

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Title VII prohibits a number of different forms of sex discrimination in employment. Gender stereotyping claims have been a growing source of litigation, where plaintiffs allege that they were disciplined or terminated due to...more

Baker Donelson

Not Manly Enough? Fifth Circuit Recognizes Title VII Same-Sex, Gender-Stereotyping Discrimination

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The Fifth Circuit recently became one of a growing number of courts to recognize same-sex, gender-stereotyping as a form of discrimination prohibited by Title VII. In September, the Court handed down its much-anticipated...more

Hinshaw & Culbertson LLP

“Locker Room” Talk In All-Male Workplace Sexual Harassment, Fifth Circuit Rules

Hinshaw & Culbertson LLP on

In this space, we have reported recently on the series of rebuffs that the EEOC has received from various courts in recent months. But in EEOC v. Boh Brothers Construction Company, the Fifth Circuit Court of Appeals handed...more

Baker Donelson

Fifth Circuit Hands Win to EEOC in Same-Sex Harassment

Baker Donelson on

The EEOC won a significant victory on September 30, 2013, as the United States Court of Appeals for the Fifth Circuit, sitting en banc, reinstated a jury verdict finding that the defendant, Boh Brothers Construction...more

Jackson Walker

"Boys will be Boys" A Risky Employment Policy

Jackson Walker on

In a 10-6 decision following en banc review, the United States Court of Appeals for the Fifth Circuit recently decided, in Equal Employment Opportunity Commission v. Boh Brothers Construction Co. L.L.C., that an iron worker...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Gender Stereotyping Based on a Person’s Non-Conforming Behavior Violates Title VII

Ogletree, Deakins, Nash, Smoak & Stewart,... on

As the U.S. Supreme Court has recognized, Title VII of the Civil Rights Act of 1964 is intended to “strike at the entire spectrum of disparate treatment of men and women resulting from sex stereotyping.” Recently, a federal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Appeals Court Resists Categorizing “Sexual Stereotyping” Claim As Violation Of Title VII

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Under Title VII, an unlawful employment practice is established when an employee demonstrates that gender is a motivating factor for an adverse employment action. Under that analysis, a number of federal appellate courts...more

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