News & Analysis as of

Consumer Protection Laws Prohibit Anti-Gay Discrimination?

A recent ruling in a New Jersey consumer fraud case may signal a new strategy for combating some forms anti-gay discrimination. In Ferguson v. JONAH, Judge Peter F. Bariso Jr. prohibited the defendant, a gay-to-straight...more

Blog: OFCCP Provides List of Resources for Contractors Relating to LGBT Workers

The Office of Federal Contract Compliance Programs (“OFCCP”) recently published a list of resources to assist federal contractors in better understanding how to create an inclusive workplace for lesbian, gay, bisexual, or...more

Transgender Discrimination and the Equal Opportunity Workplace

Although most companies have workplace policies prohibiting discrimination and harassment based on an employee’s sex, race and religion, many companies have not yet added gender identity to the list of protected categories....more

Blog: OFCCP Proposes New Sex Discrimination Guidelines for Contractors and Subcontractors

On January 28, 2015, the Office of Federal Contract Compliance Programs (“OFCCP”) announced proposed changes to its sex discrimination guidelines (“Guidelines”). The current Guidelines set forth the interpretations and...more

OFCCP Proposes Updated Sex Discrimination Rules

The Office of Federal Contract Compliance Programs announced a proposed rule to update the agency's sex discrimination regulations. The OFCCP's existing guidelines on sex discrimination were issued in 1970 and, admittedly, do...more

DOJ Announces Transgender Discrimination Prohibited under Title VII

According to a memo released by Attorney General Eric Holder, the Department of Justice (DOJ) will now interpret federal law — specifically Title VII of the Civil Rights Act — to prohibit workplace harassment and...more

Can Saks Fifth Avenue Legally Discriminate Against Transgender Employees?

Saks Fifth Avenue’s latest fashion trend is receiving mixed reviews from critics across the nation. According to a discrimination and retaliation complaint filed in the U.S. District Court for the Southern District of...more

EEOC Files Landmark Suits Challenging Transgender Discrimination Under Title VII

For years, it has been widely understood that federal law prohibits employers from making decisions on the basis of certain protected characteristics, such as race, religion, or sex. Historically, the inclusion of “sex” in...more

Department of Justice Switches Sides: Title VII Now Prohibits Transgender Discrimination

On December 18, 2014, Attorney General Eric Holder, in an unanticipated move, revised the Department of Justice’s (“DOJ”) interpretation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”),...more

Changes in California Employment Law for 2015

As Californians get back to business in the new year, we wanted to highlight the following changes to California employment laws for 2015: - Mandatory Paid Sick Leave - Protections Against Discrimination and...more

DOJ Says Gender Identity Discrimination Violates Title VII

Over the past several months, EmployNews reported a growing trend of claims alleging that discrimination on the basis of sexual orientation and transgendered status violates Title VII if the alleged conduct involves gender...more

Annual Report On EEOC Developments: Fiscal Year 2014

In This Issue: - INTRODUCTION ..I. LOOKING BACK AT FY 2014: A REVIEW OF EEOC SUCCESSES AND FAILURES, AND SIGNIFICANT CASES AND DEVELOPMENTS TO WATCH FOR IN FY 2015 ..A. Key Statistics ...more

OFCCP Issues Final Rule Protecting Workers From Discrimination Based on Sexual Orientation and Gender Identity

In early December, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) announced the issuance of its final rule implementing Executive Order 13672, which amends Executive Order 11246 by...more

Justice Department Extends Title VII Protection to Transgender Government Employees

In a surprising reversal, on December 18, 2014, Attorney General Eric Holder announced that the United States Department of Justice ("DOJ") will now interpret Title VII of the Civil Rights Act of 1964 ("Title VII") as...more

U.S. Supreme Court Agrees to Resolve Whether the FHA Provides for Disparate Impact Liability.

A major change to federal law governing mortgage lending may be on the horizon. On October 2, 2014, the United States Supreme Court agreed to decide whether the Fair Housing Act (“FHA”) not only imposes liability for...more

OFCCP Seeks Comments on Final Rule Prohibiting LGBT Discrimination

On December 3, 2014, the Office of Federal Contract Compliance Programs (OFCCP) announced its Final Rule implementing Executive Order (EO) 13672 prohibiting federal government contractors and subcontractors from...more

Employment Law - December 2014

California Jury Awards Record $185M Verdict to Female Employee - Why it matters: A California jury made national headlines and terrified employers across the country when it awarded $185 million in punitive damages...more

Miami-Dade County Expands its Human Rights Law to Ban Discrimination on the Basis of Gender Identity and Gender Expression

On December 2, 2014, Miami-Dade County Commission amended the County’s Human Rights Ordinance (Chapter 11A of the Code of Ordinances of Miami Dade County, Florida) to prohibit discrimination based on gender identity and...more

The $185 Million – Yes – $185,000,000 Single Employee Discrimination Case

On November 17, a federal jury returned a verdict against AutoZone in favor of a single plaintiff for the insane amount of $185,000,000.00 in punitive damages. The plaintiff alleged gender and pregnancy-related harassment,...more

Which Petard?

Title VII says a union may not refuse to refer a person for work on discriminatory grounds. In a recent case, the plaintiff alleged that, because of her sex, her union never referred her to a job driving for movie production...more

EEOC Sues Detroit Funeral Home Chain for Sex Discrimination Against Transgender Employee

Lawsuit Is One of Two the Agency Filed Today - the First Suits in Its History - Challenging Transgender Discrimination Under 1964 Civil Rights Act - DETROIT- Detroit-based R.G. & G.R. Harris Funeral Homes, Inc....more

EEOC Sues Taprite Fassco for Sex and Disability Discrimination and Retaliation

Quality Control Inspector Punished After Reporting Unequal Wages and Denied an Accommodation for Her Disability, Federal Agency Charged - SAN ANTONIO, Texas -Taprite Fassco Manufacturing, Inc., a San Antonio-based...more

OFCCP Joins EEOC in Holding That Gender Identity/Transgender Discrimination is Sex Discrimination Under Title VII

The Office of Federal Contract Compliance Programs (OFCCP) issued a Directive on Gender Identity and Sex Discrimination (DIR 2014-02), announcing that it will follow the EEOC and investigate claims of gender identity...more

Let’s Talk About Sex: U.S. Department of Labor Targets Transgender & Gender Identity Discrimination

On Tuesday, August 19, 2014, the U.S. Department of Labor issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex... includes discrimination on the bases of gender identity and...more

DOL Issues Directive on Gender Identity and Transgender Status

The U.S. Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP)—which enforces anti-discrimination and affirmative action laws affecting government contractors and subcontractors—has issued...more

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