Gender Discrimination

News & Analysis as of

EEOC Trashes the Garbage Business: Gender Discrimination Suit Filed Against Staffing Company

The Equal Employment Opportunity Commission (EEOC) recently filed a direct action on behalf of 34 women against Workplace Staffing Solutions, LLC alleging that the company denied the women the opportunity to become temporary...more

Transgender Issues in the Workplace: Navigating a Changing Legal Landscape

Legislation prohibiting discrimination on the basis of gender identity is popping up all around the country. From California’s Senate Bill 703 prohibiting state agencies from entering into certain contracts with contractors...more

New York Expands Protections for Women with Passage of Women's Equality Act

On October 21, 2015, Governor Cuomo signed into law five bills that will provide greater protection for women in the workplace. These bills, which are part of the Women's Equality Act, strengthen New York's equal pay...more

Avoiding Discrimination Claims After Obergefell

In June 2015, the Supreme Court of the United States issued its long-awaited opinion in Obergefell v. Hodges, striking down bans on same-sex marriage as unconstitutional and legalizing same-sex marriage in every state (135 S....more

New York State Passes Five New Laws to Effectuate Gender Equality in the Workplace

The New York State Legislature recently passed several pieces of legislation, all of which are intended to curtail gender-related employment discrimination. Among other things, this legislation strengthens existing laws,...more

OFCCP Submits Final Sex Discrimination Regulations to OMB for Review and Approval

Earlier this year, we reported that the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule to revise and replace the sex discrimination guidance it issued in 1970 and clarify federal contractors’...more

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

New York State Employers Face Strict New Equal Pay and Sex Discrimination Laws

New York Governor Andrew Cuomo recently signed a series of bills entitled the “Women’s Equality Agenda” that significantly amend the State’s equal pay, sex discrimination, harassment and other laws to provide additional...more

New York Enacts Extensive New Protections for Women in the Workplace

On October 21, 2015, New York Governor Andrew Cuomo signed into law a series of bills that expands the state’s gender-based employment protections. The bills are part of a legislative package, known more commonly as the...more

Treasury and the IRS Issue Proposed Regulations Implementing Supreme Court Same-Sex Marriage Ruling

In recent guidance, the Department of Treasury and the IRS issued proposed rules that clarify under the Internal Revenue Code (Code) that the terms “spouse” and “husband” and “wife” refer to individuals who are lawfully...more

Governor Cuomo Issues Executive Order Prohibiting Transgender Discrimination in New York State

On October 23, 2016, Governor Andrew Cuomo (“Governor Cuomo”) exercised his executive power to expand the New York State Human Right Law to include protections for transgender individuals. The announcement came during the...more

Employment Matters Newsletter, Fall 2015

With Experimental Benefits Come Additional Legal Considerations - Corporate experimentation, combined with innovative employment practices designed to promote more flexible work environments, may be transformative. These...more

Appeals Court Rules Sexual Orientation Not Covered by the Missouri Human Rights Act

The Missouri Court of Appeals, Western District, ruled today that the Missouri Human Rights Act (MHRA) does not prohibit discrimination based on sexual orientation. Accordingly, it affirmed dismissal of a former employee’s...more

That is SO last week - October 2015 #4

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

Fenwick Employment Brief

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

U.S Equal Employment Opportunity Commission: Recent Complaint Filings and Trends

The end of the federal government fiscal year (September 30) always produces a flurry of activity from the EEOC, and this year was no different. Of the 157 lawsuits filed by the EEOC in fiscal year 2015, approximately 62 of...more

California Fair Pay Act Seeks to Close Gender Wage Gap

Governor Jerry Brown has signed SB 358, the California Fair Pay Act, which becomes effective January 1, 2016. The Act aims to close the gender wage gap, which in California currently stands at 16 cents on the dollar, although...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

Fair Lending Director Ficklin Discusses Small Business Lending, LGBT issues, LEP consumers and Inclusive Communities at ABA...

Last Thursday, I had the pleasure of teaching a class on payments and banking products to new lawyers at the American Bar Association’s Consumer Financial Services Institute. I arrived early for the class and got to hear a...more

That is SO last week - October 2015 #2

Last week, Fortune introduced us to a new HR tech product called Perception. According to Fortune, Perception creator Kanjoya claims that the program can interpret the “intent and emotions” behind written text and filter out...more

Making Bad Choices: Title IX, Title VII and Ludlow V. Northwestern University

A prior post considered the case of Ha v. Northwestern University, in which the plaintiff claimed that Northwestern had violated Title IX by insufficiently disciplining one of its professors, Peter Ludlow, despite concluding...more

California’s New Equal Pay Law Portends Tidal Wave of Gender Pay Discrimination Claims

On October 6, 2015, California Governor Jerry Brown signed into law SB358, which amends Labor Code Section 1197.5, California’s existing gender pay equality law.1 Most of the previous statute remains intact, but the...more

California Expands Gender-Based Wage Protections by Adopting “Substantially Similar” Test and Requiring Employers to Justify Wage...

The California Fair Pay Act, which goes into effect on January 1, 2016, prohibits employers from paying employees less than the rate paid to members of the opposite sex who perform “substantially similar” work. Although...more

"California Fair Pay Act" Becomes Law

The new law expands the equal pay requirement for men and women to "substantially similar work" regardless of location, modifies employers’ business justification defense, and increases employers’ recordkeeping obligations to...more

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