Gender Discrimination Hiring & Firing

News & Analysis as of

Courts are Trending Toward Prohibiting Sexual Orientation Discrimination under Federal Law

Two recent court decisions highlight the ongoing struggle by federal courts to determine whether Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation....more

Chris Lazarini Examines Case of Constructive Discharge in Employment Discrimination Case

Bass, Berry & Sims attorney Chris Lazarini examined a case where Plaintiff, a 61-year-old female bank employee, sufficiently pleaded constructive discharge in support of her employment discrimination claims where she was...more

Employment Newsletter - Fall 2016

Over the last five years, members of the LGBTQ community have had much to celebrate as traditional barriers to equality have been knocked down one-by- one by the federal government. In 2010, the Patient Protection and...more

New Jersey Bill Prohibits Employers from Requiring Release of Gender Claims in Exchange for Severance

A bill in the New Jersey State Senate would bar an employer from entering into an agreement for severance payments with an employee “which results in the employee releasing any claims, or barring any potential claims in the...more

California Employment Law Notes - October 2016

Newly Enacted California Statutes - Minimum Wage Increases - As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022....more

Employment Law Navigator – Week in Review: October 2016 #2

Last week, The EEOC announced a public meeting on the use of big data in employment practices. This gathering is a continuation of the agency’s interest in the relationship between data analytics and discrimination. EEOC...more

University Of Denver Sued By EEOC for Sex-Based Pay Discrimination

University Paid Female Full Law Professors Significantly Less Than Male Counterparts, Federal Agency Charges - DENVER, Colo. - The University of Denver violated federal law by paying female employees lower wages than...more

Transgender Claim Meets Dress Code

The worlds of transgender versus religious rights collided hard recently when an EEOC action on behalf of a discharged transgender worker ran full force into a Religious Freedom Restoration Act (“RFRA”) defense, and the EEOC...more

Court Dismisses on Religious Freedom Grounds EEOC’s Title VII Suit on Behalf of Fired Transgender Employee

Finding the Equal Employment Opportunity Commission failed to accommodate the religious beliefs of a funeral home’s owner who fired a transgender employee under the Religious Freedom Restoration Act, a federal district court...more

Seventh Circuit Holds Title VII Does Not Prohibit Sexual Orientation Discrimination, But Acknowledges Inherent Flaws in Precedent...

In a carefully reasoned but ultimately restrained opinion the Seventh Circuit held that Title VII does not prohibit discrimination in employment on the basis of sexual orientation. While declining to become the first circuit...more

Massachusetts Governor Signs Stringent Pay Equity Requirements, Effective in 2018

Seyfarth Synopsis: On August 1, 2016, Massachusetts Governor Charlie Baker signed a bill that will amend the Commonwealth’s pay equity law effective in 2018. The changes will make the law one of the most stringent in the...more

Female deputy’s different treatment poses problem for sheriff

For many years, law enforcement was a male-dominated profession. Recently, police and sheriff departments have made strides to increase the number of female officers. All employers must ensure they are treating male and...more

Really? Viable Retaliation Claim for MA Employee Terminated For Secretly Searching Company Files

Seyfarth Synopsis: An employer terminated an employee for secretly searching for confidential documents on her employer’s computer system to use against the employer as part of a discrimination complaint. Massachusetts’...more

Beauty is in the Eye of the…Defendant? Termination for Attractiveness Found Not to be Gender Discrimination

Is cuteness a protected class? Most of our mothers would say it should be. However, a recent decision in New York found a woman could not bring suit against her former employer based on her allegation that she was terminated...more

Discrimination of LGBT is Sex Discrimination: EEOC Guidance Clearly Outlines the Commission’s Position

As discussions regarding the rights of lesbian, gay, bisexual and transgender (“LGBT”) employees in the workplace increase, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) offers guidance concerning...more

Employee’s Self-Help Discovery May Be Protected Activity Under Massachusetts Anti-Retaliation Law

On May 31, 2016, the Supreme Judicial Court of Massachusetts held in Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. that an employee’s accessing, copying and forwarding of an employer’s confidential documents...more

Employment Law Navigator – Week in Review: March 2016

March is Women’s History Month, and last week, strides in hiring women, efforts to reduce the gender wage gap, and attempts to increase diversity in the tech industry were in the news. Salesforce, in particular, explained...more

Just Like Hollywood, Big Pictures are Best in Termination Decisions

A federal appeals court recently revived a former employee’s gender discriminatory discharge claim even though there appeared to be legitimate reasons for her termination. The decision suggests that employers take a big...more

Firing someone returning from leave

Taking action against an employee after they return from a Family and Medical Leave Act absence can expose an employer to claims of FMLA retaliation. But sometimes it takes an employee’s absence to learn about that employee’s...more

Sleeping on the Job Not Enough to Bar Transgender Bias Suit

A jury should decide whether a transgender employee caught sleeping on the job in a customer’s car was unlawfully terminated because of her transgender status, the Eleventh Circuit Court of Appeals has ruled....more

New Year, New Employment Laws: Changes New York Employers Need to Know

The legal landscape for employers is rarely static for an extended period of time, and 2015 delivered several important changes for New York employers. Although some of these developments affect companies operating statewide,...more

Fourth Circuit Upholds Gender-Based Job Qualification

Title VII prohibits discrimination based on gender. Employers generally cannot adopt different qualification standards for men and women for the same job. However in some circumstances, federal courts have recognized that...more

Can a Massachusetts Religious School Refuse to Employ a Worker in a Same-Sex Marriage?

In Barrett v. Fontbonne Academy, the Massachusetts Superior Court curtailed various statutory and constitutional defenses available to an employer affiliated with a religious institution that faces discrimination claims under...more

New York Regulations Governing Gender Identity Discrimination Take Effect

As we recently reported, in October 2015, Governor Cuomo introduced regulations under the New York Human Rights Law banning discrimination and harassment against transgender individuals. Following a 45-day comment period,...more

One More Push-Up: Fourth Circuit Okays Gender Differences in Certain Physical Fitness Tests

Can an employer have different physical fitness standards for men and women without running afoul of Title VII? Yes, according to the Fourth Circuit that ruled that the FBI could reject a male agent candidate who failed his...more

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