Gender Discrimination, Discrimination

Gender Stereotyping Based on a Person’s Non-Conforming Behavior Violates Title VII

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2013

As the U.S. Supreme Court has recognized, Title VII of the Civil Rights Act of 1964 is intended to “strike at the entire spectrum of disparate treatment of men and women resulting from sex stereotyping.” Recently, a federal...more

EEOC Diversity Luncheon: Discussions of Budget Hurdles and Enforcement Priorities with Hon. Jacqueline Berrien and Hon. Victoria...

by Alyesha Asghar Dotson | Spilman Thomas & Battle, PLLC on 5/10/2013

When the Chair of the U.S. Equal Employment Opportunity Commission (EEOC), Jacqueline A. Berrien, and EEOC Commissioner Victoria A. Lipnic sat down for an informal conversation regarding workplace diversity during the...more

New Mexico Enacts Fair Pay for Women Act

by Connie Bertram, Fredric Leffler, Lawrence Lorber, Marc Mandelman, Katharine Parker, Leslie Silverman, Allan Weitzman | Proskauer Rose LLP on 5/6/2013

Earlier this spring, New Mexico Governor Susana Martinez signed into law the Fair Pay for Women Act ("FPWA" or the "Act"), prohibiting employers from engaging in gender–based wage discrimination. Inspired by the passage of...more

Presrite Corporation to Pay $700,000 and Offer 40 Jobs to Settle EEOC Class Action Lawsuit

by U.S. Equal Employment Opportunity Commission... on 5/1/2013

Manufacturing Company Refused to Hire Females, Federal Agency Says - CLEVELAND - Presrite Corporation, a manufacturing company headquartered in Cleveland that makes gears and other industrial parts, will pay $700,000,...more

Colorado School Denies Six-Year-Old Transgender Student’s Request To Use Girls’ Bathroom

by Jackie Wernz | Franczek Radelet P.C. on 4/3/2013

As The New York Times recently reported, a Colorado school district is facing a lawsuit after refusing to allow a six-year-old transgender student to use the girls’ bathroom in a local elementary school. The case highlights...more

Updates from the Second Circuit and Supreme Court About Arbitration Provisions and Potential Impact on Employers

by Lisa E. Cleary, Nivritha Ketty, Adam Pinto, Catherine A. Williams | Patterson Belknap Webb & Tyler LLP on 4/3/2013

Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013). The provision at issue required employees to pursue...more

Law Firms And Women Partners: You're Doing It Wrong (Jordan Furlong, Edge Int'l)

by Edge International Consulting on 4/3/2013

According to the National Association of Women Lawyers, in an article at law.com, women today constitute just 15% of equity partners in AmLaw 200 law firms. Set aside for a moment any considerations of fairness or gender...more

Class Action Alert: Recent Developments Favorable for Employers

by Bradford G. Harvey, Jennifer W. Terry | Miller & Martin PLLC on 4/2/2013

Individualized Proof of Damages Can Block Class Certification Under Rule 23(b)(3) - The United States Supreme Court in Comcast v. Behrend continued its trend of disfavoring class certification of cases involving...more

Alleged Sexist Comments At OLRB Safety-Reprisal Mediation Were Privileged, Could Not Form Basis For Discrimination Complaint

by Adrian Miedema | Dentons on 4/1/2013

An alleged comment that “women don’t like to do that job”, and other discussions at an Ontario Labour Relations Board safety-reprisal mediation, were privileged and could not form the basis for a discrimination complaint, the...more

DOL Seeks To Defend Its Data Gathering Authority

by Daniel Davis | Proskauer - Government Contractor Compliance... on 3/29/2013

Last week, the Department of Labor moved to dismiss Frito-Lay’s lawsuit (Frito-Lay, Inc. v. Department of Labor, 3:12-cv-01747 (N.D. Tex. 2012)) seeking to block the production of employment data for an OFCCP investigation...more

Podcast Shines Light On Latest California Employment News

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 3/29/2013

The latest XpertHR podcast features an in-depth look at several new employment law developments out of California, perhaps the most pro-employee state in the nation. Littler Mendelson partner Chris Cobey takes listeners...more

Bernstein Shur Business and Commercial Litigation Newsletter #26

by Paul McDonald, Daniel J. Murphy | Bernstein Shur on 3/29/2013

We are pleased to present the 26th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight a recent U.S. Supreme Court decision favoring the emerging gray market, arbitration of...more

Second Circuit Mandates Arbitration For Title VII Class Action

by Mark Batten | Proskauer - Class & Collective Actions on 3/28/2013

The editors wanted to share this analysis, by Proskauer’s Employment Litigation and Arbitration Group, of the Second Circuit’s interesting recent decision requiring a Title VII plaintiff, even in a class action, to arbitrate...more

Plaintiffs Must Arbitrate Individually, Even If It Means No “Pattern-Or-Practice” Claim

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 3/28/2013

All the cool kids are talking about class arbitration lately. . . There are the two cases pending before SCOTUS, and now the Second Circuit confirms its place in the “in crowd” with a decision forcing a class of employees...more

District Court Finds Boys’ Basketball Haircut Policy Does Not Constitute Discrimination Or Infringe Student Rights

by Brian P. Crowley | Franczek Radelet P.C. on 3/27/2013

In Hayden v. Greensburg Community School Corporation, the U.S. District Court for the Southern District of Indiana found that a school’s haircut policy for the boys’ basketball team did not constitute gender discrimination,...more

Second Circuit Holds No Substantive Right To Bring A Pattern-Or-Practice Title VII Claim

by Kelly Cullen, Sara Dionne, Jessica Perry | Orrick - Global Employment Law Group on 3/27/2013

Reversing a denial of a motion to compel arbitration in Parisi et al. v. Goldman, Sachs & Co. et al., the Second Circuit held that a plaintiff does not have a substantive right to bring a pattern and practice claim under...more

Employee’s Wrongful Termination And Defamation Claims Were Properly Dismissed

by Anthony Oncidi | Proskauer - California Employment Law on 3/27/2013

John McGrory alleged his employment was terminated because he is male and because he participated in his employer’s internal investigation. He also alleged defamation associated with a statement the vice president of human...more

Handling Complaints of Harassment Made Against Non-Employees

by Archana Acharya | Foley & Lardner LLP on 3/27/2013

As we have previously noted, employers often wonder what to do when an employee makes a harassment complaint, but the alleged harasser is not another employee. The employer cannot simply do nothing, but it also generally does...more

Second Circuit Orders Arbitration and Reverses District Court’s Decision in Parisi v. Goldman, Sachs & Co., Finding No Substantive...

by Keisha-Ann Gray, Steven Hurd, Kathleen McKenna | Proskauer Rose LLP on 3/27/2013

On March 21, 2013, the Second Circuit issued its highly-anticipated decision enforcing an arbitration clause and holding that a Title VII plaintiff does not have a substantive right to proceed on a class-wide basis in...more

March Madness Taking Hold Of Sixth Circuit

by Kyle P. Konwinski | Varnum LLP on 3/26/2013

March gets the blood flowing for all of us basketball fans, and it appears the Sixth Circuit is no different. Last week, while many of you were game-casting or locating the "hide" button on your Web browser, the Sixth Circuit...more

Phoenix Now Prohibits Employers from Discriminating on the Basis of Sexual Orientation, Gender Identity or Expression, and...

by Kathryn Hackett King, Jennifer R. Phillips, Joshua Woodard | Snell & Wilmer L.L.P. on 3/16/2013

After more than five hours of heated debate and public discourse, the Phoenix City Council amended the Phoenix City Code on February 26, 2013 to ban discrimination in employment on the basis of “sexual orientation,” “gender...more

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Gender Discrimination › Discrimination