Gender Discrimination

News & Analysis as of

EEOC May Obtain Private (And Arguably Unnecessary) Employee Information

Employers served with an Equal Employment Opportunity Commission (EEOC) subpoena requesting private employee information – regardless of its arguable relevance – may nevertheless be compelled to respond, according to a...more

New Year, New Employment Laws: Changes New York Employers Need to Know

The legal landscape for employers is rarely static for an extended period of time, and 2015 delivered several important changes for New York employers. Although some of these developments affect companies operating statewide,...more

Employment Law Navigator – Week in Review: February 2016

Equal pay and EEO-1 reports made headlines last Friday as the EEOC and the White House celebrated the 7th anniversary of the Lilly Ledbetter Act. The EEOC announced a proposed new requirement for federal contractors and...more

Fourth Circuit Upholds Gender-Based Job Qualification

Title VII prohibits discrimination based on gender. Employers generally cannot adopt different qualification standards for men and women for the same job. However in some circumstances, federal courts have recognized that...more

Can a Massachusetts Religious School Refuse to Employ a Worker in a Same-Sex Marriage?

In Barrett v. Fontbonne Academy, the Massachusetts Superior Court curtailed various statutory and constitutional defenses available to an employer affiliated with a religious institution that faces discrimination claims under...more

Employers May Soon Be Forced To Reveal Pay Information By Gender

Businesses With 100 Or More Workers Would Be Subject To Proposed New Law Aimed At Combating Gender Discrimination - The federal government announced today its intent to gather additional pay information from larger...more

NYC Employers Risk New Penalties in 2016: Gender and Caregiver Discrimination, Paying Freelancers

In December 2015, New York City lawmakers introduced or approved three important legal actions that will affect the City’s employers: (1) publication of enforcement guidance on gender, gender identity, and gender expression...more

NYC Offers Guidance on Avoiding Discrimination Based on Gender Identity

The guidance may help employers nationally comply with the trend toward protecting transgender individuals’ rights. Despite their increasingly positive representation in US media and culture (e.g., Caitlyn Jenner and the...more

Understanding New York Regulations Regarding Prohibited Discrimination on the Basis of Gender Identity, Transgender Status, or...

New York State and New York City both recently enacted regulations and enforcement guidance designed to prohibit discrimination on the basis of gender identity, transgender status, gender expression and gender dysphoria. Both...more

Mach Mining Part 3: Supreme Court Gem Resurfaces In Southern District Of Illinois

Following the U.S. Supreme Court’s landmark decision in Mach Mining v. EEOC, 135 S.Ct. 1645 (2015), which held that a judge may review whether the EEOC satisfied its statutory obligation to attempt conciliation before filing...more

New York Regulations Governing Gender Identity Discrimination Take Effect

As we recently reported, in October 2015, Governor Cuomo introduced regulations under the New York Human Rights Law banning discrimination and harassment against transgender individuals. Following a 45-day comment period,...more

One More Push-Up: Fourth Circuit Okays Gender Differences in Certain Physical Fitness Tests

Can an employer have different physical fitness standards for men and women without running afoul of Title VII? Yes, according to the Fourth Circuit that ruled that the FBI could reject a male agent candidate who failed his...more

Is Inconsistent Application Of Social Media Policy Evidence Of Discrimination?

A District Court in Louisiana concluded recently that a television station’s inconsistent application of its social media policy entitled a terminated employee to defeat summary judgment regarding his discrimination claim....more

The NYC Commission on Human Rights Issues Sweeping Guidance Related to its Long-Standing Gender Discrimination Prohibition

On December 21, 2015, the New York City Commission on Human Rights (the “Commission”) issued enforcement guidance (the “Guidance”) regarding discrimination on the basis of gender identity or expression. The Guidance explains...more

NYC Human Rights Commission Takes Expansive View of Gender ID Discrimination

The New York City Commission on Human Rights has just released a Human Rights Legal Enforcement Guidance on Discrimination on the Basis of Gender Identity or Expression. The Guidance defines eight categories of discriminatory...more

NYC Commission on Human Rights Issues Guidelines on Transgender Discrimination

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

Leading the Way on Transgender Rights in NYC: City Commission on Human Rights Issues Detailed Enforcement Guidance

On December 21, 2015, the New York City Commission on Human Rights (Commission) issued Legal Enforcement Guidance (Guidance) clarifying New York City’s prohibitions against discrimination on the basis of gender identity and...more

New York City Commission on Human Rights Releases Enforcement Guidance on Gender Identity and Expression Discrimination (NYC...

New York City is finishing off a strong year on the employment law front. Earlier this year, the City Council passed laws that banned the box and all but eliminated credit checks. It also passed a law requiring employers to...more

Ending the Year With A Bang: NYC Bans “Caregiver” Discrimination and Issues Sweeping Gender Identity/Expression Discrimination...

So much for a quiet year-end for New York City employers. In the final weeks of 2015, NYC government officials took two actions that will have a significant impact on the city’s business community, first passing a bill...more

The Division of Human Rights Proposes Regulations to Expand Anti-Discrimination Protections to Transgender Individuals

After several unsuccessful attempts to pass the Gender Expression Nondiscrimination Act, which would have extended the nondiscrimination protections in the New York Human Rights Law to transgender individuals, Governor Cuomo...more

Stronger Rules Issued for Protection of Transgender Employees in New York City

On December 21, 2015, the New York City Commission on Human Rights released new enforcement guidelines pertaining to its Transgender Rights Bill. The guidelines were issues two months after Governor Andrew Cuomo moved to add...more

Call Me Rachael: New York City Issues New Guidance on Gender Identity Rules

New York City’s Commission on Human Rights issued a document entitled “Legal Enforcement Guidance on the Discrimination on the Basis of Gender Identity or Expression: Local Law No. 3” on December 21. The Commission enforces...more

Health Care E-Note - December 2015

A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990. Please see full E-Note below for more...more

Out of Bounds: Title IX, Off-Campus Conduct, and Yeasin V. University of Kansas

The Kansas Court of Appeals’ decision in Yeasin v. University of Kansas, stands for the proposition that educational institutions must act with both precision and foresight when delineating their disciplinary authority. Of...more

Ninth Circuit Allows EEOC To Obtain Private Employee Information During Investigations

The Ninth Circuit recently held that during an EEOC investigation, employers can be forced to produce “pedigree information” (i.e., name, telephone number, address, and Social Security number) of their employees or employment...more

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