News & Analysis as of

Gender Discrimination Equal Employment Opportunity Commission

Employment Law Navigator – Week in Review: May 2017 #2

by Zelle LLP on

Last week, The Wall Street Journal broke the news that code written by female engineers at Facebook gets rejected much more frequently than code written by male engineers at the company. Five years of data collected by a...more

Summing Up: Equal Pay

by Zelle LLP on

Last week’s observance of Equal Pay Day - and a review of the commentary it generated - has reminded us that gender-based pay disparity is a complicated topic, worthy of employers’ attention but difficult to put in...more

I’ll Defer To You: Supreme Court Rules Appellate Courts Should Apply Abuse Of Discretion Standard When Reviewing EEOC Subpoena...

Recently, in McLane Co., Inc. v. EEOC, case number 15-1248 , the United States Supreme Court clarified the standard for when an appellate court reviews a trial court’s order to enforce or quash a subpoena from the EEOC....more

Country Fresh to Pay $84,750 to Settle EEOC Sex Discrimination Suit

Milk Manufacturer Denied Promotions to a Woman Because of Sex, Federal Agency Charged - DETROIT - Country Fresh, LLC, a milk manufacturer which operates in Livonia, Mich., a suburb of Detroit, will pay $84,750 to settle...more

Supreme Court Message – Be Wary of EEOC Subpoenas

by Kelley Drye & Warren LLP on

On Monday, the Supreme Court held that appellate courts must utilize the deferential “abuse-of-discretion” standard when evaluating a ruling on a subpoena issued by the Equal Employment Opportunity Commission (“EEOC”)...more

U.S. Supreme Court Rejects De Novo Review for EEOC Subpoenas

by Ballard Spahr LLP on

The U.S. Supreme Court resolved a circuit court split regarding the standard of review applicable to district court decisions that evaluate the enforceability of EEOC investigative subpoenas and held yesterday that an abuse...more

Is Gender Identity and Sexual Orientation Employment Discrimination Prohibited? It Depends on Whom You Ask

by Williams Mullen on

There have been many news stories over the past couple of years about sexual orientation and gender identity discrimination in the workplace and in schools. Yet, in none of those stories is it ever made clear what the actual...more

Second and Eleventh Circuits Rule They are Bound by Prior Precedent that Title VII Does Not Prohibit Sexual Orientation...

by FordHarrison on

As these authors have previously reported, several cases analyzing whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964 have been winding their way through the courts. ...more

EEOC Subpoenas are Subject to the Abuse of Discretion Standard of Review

by Dorsey & Whitney LLP on

On April 3, 2017, the U.S. Supreme Court issued its decision in McLane Co. v. EEOC, addressing how federal courts review subpoenas that the EEOC issues while investigating charges of employment discrimination. McLane involved...more

Second Circuit Addresses Title VII Sexual Orientation Claims And Leaves Door Ajar For Sex Stereotyping Claims

In a three-member panel decision in Christiansen v. Omnicom Group, Inc., the Second Circuit revived a homosexual employee’s claims under Title VII on the theory of sex discrimination based on sex stereotyping, but stopped...more

So – Are LGBTQ Rights Protected under Federal Employment Law or Not?

by Foley & Lardner LLP on

The most accurate answer to this question is, “it depends.” On March 10, 2017, the Eleventh Circuit Court of Appeals (covering Alabama, Georgia, and Florida) weighed in on LGBTQ protections – but the decision is not as...more

Shifting sands: the changing landscape of transgender discrimination

by Kirton McConkie PC on

Laws related to transgender discrimination are in a state of rapid flux. In the past couple of years, courts’ views on the law, particularly federal ones, have swung back and forth like a pendulum. Indeed, the interpretation...more

Episode 10: Pregnancy Discrimination Insights (Hint: It's Not Just About The FMLA) [Audio]

by Akerman LLP on

Matt welcomes women's rights advocate and civil rights lawyer Jack Tuckner for a discussion on the wide range of pregnancy-related discrimination claims, including the "holy trinity" of pregnancy, gender, and disability...more

Ultracare Las Vegas Settles EEOC Sex Discrimination Lawsuit

Placement Agency Fired Male Employee Because Of His Gender, Federal Agency Charged - LAS VEGAS - Ultracare Las Vegas, an ultrasound technician provider, will pay $15,000 and furnish other relief to settle a sex...more

Eleventh Circuit Court of Appeals Decision Lends Further Confusion to Title VII Protections

by Bowditch & Dewey on

In a rather disconnected decision on March 10, the United States Court of Appeals for the 11th Circuit ruled, in the case of Evans v. Georgia Regional Hospital, that while Title VII bars an employer from discriminating...more

Dear Littler: How Should I Handle Customer Concerns about a Transgender Employee?

by Littler on

Dear Littler: We have a transgender employee at work, Sarah, who identifies and presents as a female. She is in the process of transitioning and still occasionally exhibits traditionally “male” physical attributes. A client...more

Annual Report on EEOC Developments – Fiscal Year 2016

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

LGBT Rights Up in the Air

by Akerman LLP - HR Defense on

Changes that may impact LGBT rights in the workplace have employers spinning. This week’s news about the Trump administration’s rescission of federal guidance allowing transgender students to use bathrooms corresponding to...more

What Can Employers Expect from the Trump Administration in the Upcoming Year?

by FordHarrison on

It has been a little less than a month since President Donald Trump took office, and employers are anxious to see what changes the new administration will make that will affect both businesses and employees. President Trump...more

Compensation: Is it Becoming Employers’ Greatest Vulnerability?

A few weeks ago, a jury in New Jersey federal court found that Lockheed Martin discriminated against a former employee. The employee claimed that Lockheed violated federal and state laws by discriminating against him on the...more

EEOC To Reconsider Pay Data Collection

by SmithAmundsen LLC on

On September 29, 2016, the Equal Employment Opportunity Commission (EEOC) announced it finalized regulations that require employers to include employee pay data in annual EEO-1 reports. The pay data is required for 2017...more

U.S. Supreme Court to consider transgender restroom lawsuit

by Kirton McConkie PC on

Society’s view of gender has evolved significantly since then. The rigid dichotomy of a two-gender world view is frequently challenged and, in some cases, rejected outright. As society’s views on gender morph, the law is...more

Another Great Unknown: the Future of LGBT Protections Under President Trump

by Hirschfeld Kraemer LLP on

During the first few weeks (or even months) in office, President Trump will have a lot of key issues (e.g., healthcare and immigration) on his agenda. What we do not know is whether President Trump and his administration will...more

Expect Pro-Business, Pro-Employer Changes Under Trump Administration

by Ballard Spahr LLP on

When Donald Trump won the presidential election in November, management-side labor and employment lawyers everywhere scrambled to figure out what the changing administration would mean for our nation's employers and our...more

Health Care Reform in Transition While Congress Deliberates

by Ballard Spahr LLP on

Changes are imminent for the Affordable Care Act and a range of other laws and regulations affecting the health care industry. Ballard Spahr attorneys established a Health Care Reform Initiative in 2008 to monitor and analyze...more

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