Gender Discrimination

News & Analysis as of

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

That is SO last week - October 2015

Last week saw a lot of media coverage about “Yelp for People.” The app, called Peeple, allows users to rate friends, co-workers, and romantic partners based on a five-star rating system. Recruiters could review the ratings...more

California Passes Law Aimed to Bridge the Gender Wage Inequality Gap

On October 6, 2015, California's Governor Edmund G. Brown, Jr. signed into law Senate Bill (SB) 358, legislation intended to increase wage transparency and which will make it more difficult for an employer to defend against...more

Borgata Babes: Casino Is Entitled to Enforce Weight Restrictions

On September 15, 2015, the Superior Court of New Jersey, Appellate Division found in Shiavo v. Marina District Development Company, LLC, that the New Jersey Law Against Discrimination (“NJLAD”) does not encompass allegations...more

Employment Law - October 2015

FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more

California Fair Pay Act: New Obligations for Employers or a Paper Tiger?

Widely lauded as the strongest equal pay legislation in the nation, California’s Fair Pay Act (Senate Bill 358) is now law. Effective January 1, 2016, the new law modifies California’s existing wage discrimination measures by...more

Time Warner-EEOC Settlement Provides a Cautionary Tale to Employers Who Provide Mothers More Parental Leave Than Fathers

I recently read in the NY Times that the Equal Employment Opportunity Commission settled a charge with Time Warner, Inc., the parent company of CNN and Turner Broadcasting System, Inc. where a former employee alleged that...more

Women in the Workplace

Employers interested in attracting and retaining women and promoting greater gender diversity in their executive ranks will be interested in the Wall Street Journal’s Special Report on Women in the Workplace. The Report...more

District Court for the EDNY Denies Motion to Dismiss Selective Enforcement Gender Discrimination and Retaliation Claims Related to...

In Visecchia v. Alrose Allegria LLC, a recent decision from the United States District Court for the Eastern District of New York, the court granted in part and denied in part a motion to dismiss claims of gender...more

EEOC Files Suit Against McWhite Funeral Home for Sexual Harassment and Retaliation

Owner Subjected Female Employees to Unwanted Touching, Overtures and Retaliated Against Women Who Did Not Acquiesce, Federal Agency Charges - MIAMI - A Fort Lauderdale, Fla., funeral home violated federal law by...more

EEOC Sues Nestlé Waters North America for Sex Discrimination

Female Employee Denied Promotion and Terminated Because of Her Gender, Federal Agency Charged - TAMPA, Fla. - Nestlé Waters North America (NWNA), a Stamford, Conn.-based division of Nestlé Waters, the world's largest...more

That is SO last week - September 2015 #3

Last week, The New York Times reported that men “feel entitled to take time off for family” too. The subject of the article was Josh Levs, a former CNN reporter who wanted more time off when his third child was born...more

2015 California Labor and Employment Legislation Update: The End (of Session) Is Near…

The California Legislature adjourned Friday evening, September 11, to close its 2015-16 Legislative Session. It sent a number of employment-related bills to Governor Brown for consideration by his October 11, 2015 deadline to...more

New Jersey’s Law Against Discrimination Does Not Go So Far As To Protect “Weight, Appearance, or Sex Appeal”

The New Jersey Appellate Division recently affirmed summary judgment for the defense on several claims in the widely-followed “Borgata Babes” case, reining in the plaintiffs’ attempt to expand the New Jersey Law Against...more

What employers need to know about transgender discrimination

Recent developments in the area of transgender rights should put employers on notice that government agencies are serious about eliminating this type of discrimination. DOJ steps in to sue university in Oklahoma...more

Court Allows EEOC to Join Transgender / Sex Discrimination Lawsuit against First Tower Loan

Lake Charles Location Terminated Employee Because of Transgender Status, Commission Charges - NEW ORLEANS - Mississippi-based First Tower Loan, LLC violated federal law by firing a Lake Charles, La., manager-trainee...more

New HHS Rules Will Provide Greater Protections Against Gender Identity Discrimination

The Obama administration continues to use its executive authority to expand societal inclusion of transgender individuals. On September 3, the Department of Health and Human Services issued proposed rules under Section 1557...more

That is SO last week - September 2015 #2

Last week, Ellen Pao withdrew the appeal in her sex discrimination lawsuit against Kleiner Perkins. The Pao v. Kleiner Perkins trial captivated Silicon Valley as it sought to spotlight all-male company ski trips and double...more

Lessons Employers Can Learn from Kentucky Clerk’s Same-Sex Marriage License Dispute

Almost every day the news carries an additional story about Kim Davis, the Rowan County, Kentucky clerk who has defied the Supreme Court by refusing to issue marriage licenses to same-sex couples. The Kim Davis story may be...more

New York Court Conditionally Certifies Class of Entry-Level Female Sales Representatives in Collective Action Under Equal Pay Act

A New York district court magistrate judge conditionally certified a class of past and current entry-level female sales representatives of Forest Laboratories, Inc. and Forest Pharmaceuticals, Inc. under the Equal Pay Act....more

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