Gender Discrimination

News & Analysis as of

Religious Institutions Update: May 2016

Timely Topics - Has your nonprofit received a donation for a restricted purpose that has become impractical, impossible to achieve, wasteful or even unlawful? A donor may restrict a contribution to a charity for a...more

Jamie Gorelick Reflects on Her Career in Law

Where do you practice law? I am a partner in the Washington, D.C., office of WilmerHale and admitted both in Washington and New York. I chair our regulatory and government affairs department, which includes our regulatory...more

Fourth Circuit Holds that Title IX Protects Transgender Student’s Right to Use Men’s Restroom Consistent With the Student's Gender...

The U.S. Court of Appeals for the Fourth Circuit holds that Title IX protects a transgender student’s right to use the restroom that aligns with the student’s gender identity. The Fourth Circuit has become the first...more

Fourth Circuit Holds That Title IX Protection Extends to Transgender Restroom Access

On April 19, 2016, the United States Court of Appeals for the Fourth Circuit, in a highly publicized decision, issued a ruling which addresses the rights of transgender students under Title IX of the Education Amendments Act...more

Fourth Circuit Rules that Title IX Extends to Transgender Bathroom Access

On April 19, 2016, the Fourth Circuit Court of Appeals issued an opinion that is likely to have a significant impact on the rights of transgender students. In G.G. ex rel. Grimm v. Gloucester County School Board, No. 15-2056...more

United States Fourth Circuit Court of Appeals Adopts OCR's Title IX Gender Identity Interpretation for Transgender Students'...

A majority panel of three judges in GG v Gloucester County School Board, U.S. Court of Appeals 4th Cir. Case No. 15-2056 (April 19, 2016), reversed a federal trial court's decision, endorsed the Office of Civil Rights'...more

States & Municipalities – The Engines That Are Driving Legislative Activity

While many are mesmerized by the presidential primaries and remain frustrated by gridlock in Congress, states and municipalities are aggressively tackling social and economic issues that impact employers. The states of...more

Equal Pay Efforts Falter at the Federal Level, Gain Traction Elsewhere

Earlier this week, Senators Patty Murray (D-WA) and Deb Fischer (R-NE) attempted to force passage of two pay-related bills. The promotion of dueling legislation was likely a symbolic nod to Equal Pay Day, commemorated on...more

Gender-Based Sales Promotions: Good Business or Unlawful Discrimination?

At the risk of sounding crass and overgeneralizing, social establishments – particularly those catering to the non-married crowd – like having more women at their establishments, and so they offer free items to women on the...more

The UK Continues to Take Aim at the Gender Pay Gap

More than 35 years after the United Kingdom's Equal Pay Act was introduced, recently released statistics show a 19.2 percent gap in average full time salaries between men and women. Recently, Shared Parental Leave was...more

Governor Wolf Signs Executive Orders Protecting LGBT State Employees and Contractors from Discrimination

Pennsylvania government employees and contractors are now protected from discrimination based on their sexual orientation, gender expression, and gender identity....more

Conciliation Made Easy? The Ninth Circuit Reinstates EEOC Pattern Or Practice Action In Light Of Mach Mining

In Arizona Ex Rel. Horne v. The Geo Group, No. 13-16081 (9th Cir. Mar. 14, 2016), the U.S. Court of Appeal for the Ninth Circuit vacated the district court’s summary judgment orders and reinstated a pattern or practice action...more

Mixed Messages on LGBT Protections

NYC Guidelines Strengthen Transgender Protections in Employment; NC Law Eliminates Local LGBT Protections Altogether.  Confused, Anyone? I don’t envy employers these days. It ain’t easy staying on top of all of the...more

The LGBT Question the EEOC is Putting to the Test

Does Title VII Cover Sexual Orientation Discrimination? The EEOC is getting serious about sexual orientation discrimination: in the two lawsuits filed earlier this month, the EEOC argues—for the first time in court—that...more

Comment Letter Requests SEC Require Public Companies To Furnish Gender Pay Ratio Data To Investors

In a February 1, 2016 comment letter to the Securities and Exchange Commission (“SEC”), Pax Ellevate Management LLC Chair Sallie Krawcheck and Chief Executive Officer Joseph F. Keefe requested that the SEC take steps to...more

The New California Regulations, Part II: The Transgender Workforce

The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the...more

Protection for LGBT Workers on the Rise: EEOC Files First Title VII Lawsuits Alleging Sexual Orientation Discrimination

Earlier this month, the EEOC filed its first lawsuits against employers alleging sexual orientation discrimination under Title VII, arguing that Title VII’s protections extend to sexual orientation as a form of gender bias....more

Employers, Beware: New EEOC Proposed Rule Would Gather Data, but Not Context

Every year, employers with 100 or more employees are required by the Equal Employment Opportunities Commission (“EEOC”) to invite employment applicants to self-identify their gender, race, and ethnicity on an EEO-1 report. On...more

EEOC Takes Sexual Orientation Discrimination to Federal Court

Employers should consider implementing anti-discrimination and anti-harassment policies in the workplace that include protections for employees based on their sexual orientation and gender identity and expression. On...more

Employment Law Navigator – Week in Review: March 2016

March is Women’s History Month, and last week, strides in hiring women, efforts to reduce the gender wage gap, and attempts to increase diversity in the tech industry were in the news. Salesforce, in particular, explained...more

How to Protect Rights of Transgender Employees

Most employers know that discrimination against transgender and other gender-nonconforming persons is prohibited in California. But many employers have been confused about what legal rights transgender employees have and how...more

California Rules!

California’s new regulations concerning employment discrimination come into effect soon. Briefly, they require beefy policies and supervisor training concerning reporting discrimination and harassment. Naturally, they include...more

EEOC Files First Suits Challenging Sexual Orientation Discrimination As Gender Bias

On March 1, the EEOC filed its first two lawsuits alleging that discrimination based on sexual orientation violates Title VII as a form of sex discrimination. Those two cases, against Scott Medical Health Center on behalf of...more

DFEH Releases New Guidance Regarding Transgender Employees

The Department of Fair Employment and Housing (“DFEH”) recently issued new guidance for employers to prevent discrimination against transgender employees, who are protected under California’s Fair Employment & Housing Act...more

Just Like Hollywood, Big Pictures are Best in Termination Decisions

A federal appeals court recently revived a former employee’s gender discriminatory discharge claim even though there appeared to be legitimate reasons for her termination. The decision suggests that employers take a big...more

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