News & Analysis as of

TERMINATION: Not a ‘team player’… or sex discrimination?

From time to time, employers discharge employees because they’re “not a good fit” or “not a team player.” While these may be perfectly good reasons for ending someone’s employment, be aware that in some situations courts or...more

Sex Discrimination--No debate. Decision to hire male professor not gender discrimination

Famous college football player and coach Bear Bryant is credited with saying, “I didn’t have a thing to do with picking a coach, and didn’t want to. But I didn’t think they’d pick one I didn’t like.” Bryant’s statement...more

Obama Administration Announces Expansion of Executive Order 11246 to Protect LGBT Workers of Federal Government Contractors

Today, the White House announced that President Obama will issue an executive order that bans federal contractors from discriminating on the basis of sexual orientation and gender identity. According to White House staff, the...more

Michigan Affirmative Action Ban Upheld By U.S. Supreme Court

Michigan’s affirmative action ban, a Constitutional amendment enacted through referendum during the 2006 election cycle, was upheld by the U.S. Supreme Court on Tuesday. The decision means that public entities, including...more

Maryland Legislature Approves Ban on Discrimination against Transgender Employees

Maryland is poised to become the 18th state, along with the District of Columbia and Puerto Rico, to protect employees from unlawful discrimination based on gender identity. Both the Maryland House and Senate have approved...more

EEOC Lawsuit Challenges Discriminatory Hiring, Retaliation at PMT Corporation

Minnesota Medical Device Company Barred Women and Older Applicants from Sales Jobs, Retaliated Against Employee for Complaining, Federal Agency Charged - MINNEAPOLIS - A Chanhassen, Minn., medical device and equipment...more

OFCCP Announces Settlement Regarding Hiring Discrimination

The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently announced that it reached a settlement with Cargill Meat Solutions (“Cargill”) regarding claims of hiring discrimination based on...more

California Employment Law Notes - January 2014

TV Station's Failure To Hire Weather News Anchor Was Protected By Free Speech Rights - Hunter v. CBS Broadcasting, Inc., 221 Cal. App. 4th 1510 (2013) - Kyle Hunter sued CBS Broadcasting for age and gender...more

NJ Requires Many Notifications to Employees in 2014

As New Jersey employers ring in the new year, they should be mindful of the New Jersey Department of Labor’s notice distribution requirements. The DOL publishes several important notices which, in addition to posting in the...more

New Year Compliance: New Laws for New Jersey & New York in 2014

Now that the New Year has arrived, employers in New Jersey and New York should be aware of several new state employment laws that will take effect in 2014. ...more

EEOC Sues Food Rite Community Supermarket For Sex Discrimination

Grocery Store Refused to Hire Qualified Female for Courtesy Van Driver Job Because of Her Sex, Federal Agency Charged - RICHMOND, Va. - Lee's Food Corp., doing business as Food Rite Community Supermarket (Food Rite),...more

Employment Law -- Dec 20, 2013

Despite $27,000 Jury Award, 9th Circuit Approves Almost $700,000 in Attorney’s Fees - Why it matters: Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit...more

Transgender Rights: A New Area of Focus for Employers

Currently, there is no explicit federal protection for sexual orientation, gender identity, or expression* but that may change soon. On November 7, 2013, the Senate passed the Employment Non-Discrimination Act of 2013 (ENDA)...more

EEOC Sues Employment Staffing Agency ILM for Sex-Based Hiring Discrimination

California-Based Firm Refused to Refer Women For Jobs in Tennessee, Federal Agency Charges - NASHVILLE, Tenn. - A California-based private employment and recruiting agency, Industrial Labor Management Group, Inc....more

Unconscious bias and subjective decision making, the practical and legal ramifications

On August 6, DLA Piper hosted a program addressing Unconscious Bias and Subjective Decision Making - The Practical and Legal Ramifications. Rachel Cowen and Margaret Keane, partners in DLA Piper's Employment practice,...more

It’s Just Lunch Agrees to Pay $900,000 to Settle Discrimination Suit

The dating service It’s Just Lunch USA, LLC (“It’s Just Lunch”) will pay $900,000 to settle a suit alleging that the company discriminated against men....more

Yes, You Can Fire An Employee Because She Is Hot, Iowa Supreme Court Affirms

Last year we reported on the Iowa Supreme Court's decision in Nelson v. James H. Knight, DDS (Iowa, December 21, 2012), in which the court held that a dental practice did not discriminate against a female assistant by...more

California Employment Law Notes - July 2013

Employee Must Prove That Illegal Retaliation Was The "But For" Cause Of Adverse Job Action Under Title VII - University of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. ___, 2013 WL 3155234 (2013) - The United States...more

Legal to Fire Female Employee for Being Irresistible?

The Iowa Supreme Court has recently withdrawn its December 21, 2012 opinion in the sex discrimination suit, Nelson v. Knight, and has declared that it will review the case....more

Labor Letter, July 2013: Can You Fire Someone For Being Too Sexy?

In a recent case decided by the Iowa Supreme Court, the judges held that such an action is acceptable under the law. Before your mind starts wandering too far about the repercussions of this decision, let’s not get ahead of...more

U.S. Supreme Court Limits Employer Liability In Title VII Supervisory Harassment Cases

In a significant decision issued on June 24, 2013, the U.S. Supreme Court held that employers are vicariously liable for unlawful harassment committed by a supervisor only if the supervisor is empowered by the employer to...more

Illini Precast Agrees to Consent Decree in Sex Discrimination Case Brought by EEOC

Manufacturer Refused to Hire Women as Temporary Workers, Federal Agency Charged - CHICAGO - Federal District Judge Milton Shadur has entered a consent decree resolving a sex hiring lawsuit brought by the U.S. Equal...more

EEOC Sued Fred Fuller Oil Company for Sexual Harassment and Retaliation

Despite Prior Case by EEOC, Company Owner Again Harasses and Retaliates Against Female Employees, Federal Agency Charges - BOSTON - Fred Fuller Oil Company, a Hudson, N.H.-based oil company, violated federal law when...more

Puerto Rico Bans Sexual Orientation and Gender Identity Discrimination in Employment

Last week, on May 29, 2013, Puerto Rico’s governor, Alejandro García Padilla, signed S.B. 238 into law enacting Act No. 22, which prohibits employment discrimination based on sexual orientation or gender identity, both in the...more

Mihalik v. Credit Agricole Cheuvreux: Second Circuit Clarifies Standard of Review of New York City Human Rights Law Claims

On April 26, 2013, the Second Circuit held that New York City Human Rights Law ("NYCHRL") claims must be analyzed separately from federal and state discrimination claims and that the severe or pervasive standard of liability...more

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