News & Analysis as of

Gender Discrimination Equal Employment Opportunity Commission (EEOC) Sexual Stereotyping

Poyner Spruill LLP

Maternity Leave and Gender Discrimination: Recent Settlement Underscores Need for Gender Neutral Parental Leave Policies

Poyner Spruill LLP on

JPMorgan recently reached a settlement agreement to pay $5 million to a class of male employees who alleged they were discriminated against based on their gender under a leave policy that granted longer parental leave to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

National Coming Out Day: The Legal Pipeline Continues to Flow for LGBTQ Employees

An estimated 9 million adults in the United States are lesbian, gay, bisexual, or transgender. Eighty-seven percent of U.S. residents report knowing someone who is lesbian or gay, and half report having a close lesbian or gay...more

Proskauer - Law and the Workplace

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

Foley & Lardner LLP

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

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

U.S. Equal Employment Opportunity Commission...

New EEOC Report Examines Obstacles Facing Women in Federal Workplace

Six Impediments, Underlying Issues, Recommendations Identified by Work Group - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today issued a comprehensive report addressing major obstacles...more

Baker Donelson

Not Manly Enough? Fifth Circuit Recognizes Title VII Same-Sex, Gender-Stereotyping Discrimination

Baker Donelson on

The Fifth Circuit recently became one of a growing number of courts to recognize same-sex, gender-stereotyping as a form of discrimination prohibited by Title VII. In September, the Court handed down its much-anticipated...more

Hinshaw & Culbertson LLP

“Locker Room” Talk In All-Male Workplace Sexual Harassment, Fifth Circuit Rules

Hinshaw & Culbertson LLP on

In this space, we have reported recently on the series of rebuffs that the EEOC has received from various courts in recent months. But in EEOC v. Boh Brothers Construction Company, the Fifth Circuit Court of Appeals handed...more

Baker Donelson

Fifth Circuit Hands Win to EEOC in Same-Sex Harassment

Baker Donelson on

The EEOC won a significant victory on September 30, 2013, as the United States Court of Appeals for the Fifth Circuit, sitting en banc, reinstated a jury verdict finding that the defendant, Boh Brothers Construction...more

Jackson Walker

"Boys will be Boys" A Risky Employment Policy

Jackson Walker on

In a 10-6 decision following en banc review, the United States Court of Appeals for the Fifth Circuit recently decided, in Equal Employment Opportunity Commission v. Boh Brothers Construction Co. L.L.C., that an iron worker...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Appeals Court Resists Categorizing “Sexual Stereotyping” Claim As Violation Of Title VII

Under Title VII, an unlawful employment practice is established when an employee demonstrates that gender is a motivating factor for an adverse employment action. Under that analysis, a number of federal appellate courts...more

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