News & Analysis as of

Gender Discrimination

New California Regulations Expand Protections for Transgender Workers

by Conn Maciel Carey LLP on

The California Office of Administrative Law has approved new regulations, effective July 1, 2017, expanding protections for transgender workers under California’s Fair Employment and Housing Act (FEHA). The FEHA prohibits...more

Need Cool Relief From Summer Heat? Try a Refreshing Handbook Update!

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Although there’s no right or wrong time to do a handbook update, we recommend them annually. Might as well take the opportunity when operations are typically slower, summertime, to give your handbook a...more

Germany: More Bureaucracy, Less Gender Pay Gap?

by Littler on

Under the new German Remuneration Transparency Act, employers face complex review and reporting obligations. The gender pay gap in Germany for comparable work and equivalent job qualifications is still nearly 7%. In order to...more

Best in Law: What to do to Comply with Transgender Laws - New California Laws Took Effect July 1

by Best Best & Krieger LLP on

California is continuing to be a leader on emerging civil rights issues. Back in 2004, California enacted laws to protect transgender workers. Transgender issues have become a front-burner topic.   On the national scene,...more

New media rating seeks to bring common sense to gender stereotyping

by FordHarrison on

When my son was five and constantly arguing and negotiating for extra dessert or whatever it was that he wanted at any given time, people would often say, “You should be a lawyer!” His response was always: “I don’t want to be...more

Evans Vows to Take Sexual Orientation Discrimination Case to the U.S. Supreme Court

by Hinshaw & Culbertson LLP on

The Supreme Court may soon answer the most significant question to arise under Title VII in recent years: is sexual orientation discrimination “sex discrimination” within the meaning of the statute? The case to watch: Evans...more

Nevada Health Centers Settles EEOC Sex Discrimination Lawsuit

Health Care Provider Discharged Male Employee Because of His Gender, Federal Agency Charged - LAS VEGAS - Nevada Health Centers will pay $35,000 and provide other relief to resolve a sex discrimination lawsuit filed by the...more

“Male, Female, A Combination of Male and Female, Neither Male Nor Female”… New California Regulations Regarding Transgender...

by Bryan Cave on

Effective July 1, 2017, there are new regulations adopted by California’s Fair Employment and Housing Authority which significantly expand protections against discrimination for the transgendered. Broader Definitions -...more

No Summer Break for Employers: New Duties Start July 2017

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Just when you thought it was safe to relax for the summer, California is giving employers four new reasons to keep on their toes. Laws going into effect on July 1, 2017, will address (1) domestic violence,...more

“Pedigree Information” Sought by EEOC In Pre-Litigation Investigation May Be Relevant

Following a vacate and remand order by the United States Supreme Court for employing the de novo standard of review rather than the abuse of discretion standard, the Ninth Circuit revisited the standard for relevance in the...more

July Is the New January: Beware of Employment Regulations About to Take Effect

by Littler on

As we close out the first half of the year, July ushers in numerous changes in labor and employment law. Notably, many statutes and administrative regulations across the country become operative in July. Before the fireworks...more

Office for Civil Rights Issues New Instructions on Transgender Student Complaints

by Holland & Knight LLP on

Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...more

Delaware Follows Trend of Banning Compensation History Inquiries in Effort to Reduce the Gender Pay Gap

by Hinshaw & Culbertson LLP on

In a developing trend, Delaware followed Massachusetts, Oregon, New York City and Philadelphia, in enacting legislation directed at ensuring equal wages between genders. On June 14, 2017, Governor John Carney signed...more

Delaware Enacts Law to Address Gender Pay Gap By Prohibiting Employers From Requesting Compensation History of Job Applicants

by Littler on

On June 14, 2017, Delaware Governor John Carney signed a new law to address the pay gap between men and women by prohibiting prospective employers from asking job applicants about their salary history. Delaware’s law, which...more

The Sharing Economy And Discrimination Concerns: What Can You Do?  

by Fisher Phillips on

Recent studies have reported that race and gender disparities are not uncommon in the sharing economy. For example, it’s been reported that some gig workers were discriminating against customers with names that “sounded...more

Supreme Court: Gender-Based Distinctions In Immigration Law Violate Equal Protection

by Jackson Lewis P.C. on

A federal citizenship statute setting different residency requirements for U.S. citizen fathers and mothers seeking to transmit birthright citizenship to their non-marital children born outside the U.S. violates the Equal...more

Supreme Court Decides Sessions v. Morales-Santana

by Faegre Baker Daniels on

On June 12, 2017, the Supreme Court decided Sessions v. Morales-Santana, No. 15-1191, in which it held that an exception to the Immigration and Nationality Act, 8 U.S.C. § 1401 et seq., that provides a benefit to children of...more

The Pay Equity March on the West Coast Begins: Oregon Signs Expansive Equal Pay Law and San Francisco Considers Salary History Ban

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The West Coast is turning back to pay equity. Last year, California led the charge and became the first state to adopt a more onerous pay equity law. The East Coast then joined, with stringent pay laws...more

School District Can’t Stop Transgender Student from Using Restroom of Choice - Federal Appeals Court Upholds Temporary Injunction...

by Best Best & Krieger LLP on

For years, California law has required school districts to allow a student to use restroom facilities consistent with his or her gender identity no matter what gender is listed on the pupil’s records. However, a case decided...more

Employment Law Authority - May/June 2017

THE EVOLVING DEFINITION OF SEX(UAL ORIENTATION) UNDER TITLE VII - On April 4, 2017, the Seventh Circuit Court of Appeals issued its highly anticipated decision in Hively v. Ivy Tech Community College of Indiana, making...more

Prince George’s To Pay $145,402 And Increase Female Engineer’s Salary To Settle EEOC Pay Bias Suit

Court Ruled County Violated the Equal Pay Act, Federal Agency Says - BALTIMORE - Prince George's County, Md., will pay $145,402 and furnish significant equitable relief to settle a federal pay discrimination lawsuit, the...more

New Federal Court Interpretation for Transgender Protections

by Barley Snyder on

In a decision that could have significant implications in the ongoing tug-of-war in the scope of protection afforded transgender individuals under federal law, a holding this week from a federal appeals court applied a novel...more

Fifth Circuit Confirms that Documents Listed on a Privilege Log Are Not Per-Se Privileged

If one party in a lawsuit merely identifies documents on a privilege log without detail, does the other party bear the burden of showing that the withheld materials were not privileged, in order get access to those documents?...more

Is Distress Over Your Assigned Gender a Disability?

District Court Narrowly Construes the ADA to Allow a Transgender Employee to Pursue Discrimination and Retaliation Claims Pennsylvania District Court Judge Joseph F. Leeson recently ruled that the Americans with Disabilities...more

Eighth Circuit Grants Slight Reprieve To Mother Of Transgender Son In ACA Discrimination Suit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Eighth Circuit upheld dismissal of Title VII claims challenging an employee benefit plan’s blanket transgender exclusion because the exclusion impacted the employee’s transgender son, not the employee....more

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