Gender Discrimination Hiring & Firing

News & Analysis as of

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

NYC Commission on Human Rights Issues Guidelines on Transgender Discrimination

On December 21, 2015, the New York City Commission on Human Rights issued new enforcement guidelines regarding discrimination on the basis of gender identity or expression. While the City Council added transgender protections...more

The Division of Human Rights Proposes Regulations to Expand Anti-Discrimination Protections to Transgender Individuals

After several unsuccessful attempts to pass the Gender Expression Nondiscrimination Act, which would have extended the nondiscrimination protections in the New York Human Rights Law to transgender individuals, Governor Cuomo...more

Ninth Circuit Allows EEOC To Obtain Private Employee Information During Investigations

The Ninth Circuit recently held that during an EEOC investigation, employers can be forced to produce “pedigree information” (i.e., name, telephone number, address, and Social Security number) of their employees or employment...more

EEOC Trashes the Garbage Business: Gender Discrimination Suit Filed Against Staffing Company

The Equal Employment Opportunity Commission (EEOC) recently filed a direct action on behalf of 34 women against Workplace Staffing Solutions, LLC alleging that the company denied the women the opportunity to become temporary...more

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

New York State Employers Face Strict New Equal Pay and Sex Discrimination Laws

New York Governor Andrew Cuomo recently signed a series of bills entitled the “Women’s Equality Agenda” that significantly amend the State’s equal pay, sex discrimination, harassment and other laws to provide additional...more

Fenwick Employment Brief

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

That is SO last week - October 2015

Last week saw a lot of media coverage about “Yelp for People.” The app, called Peeple, allows users to rate friends, co-workers, and romantic partners based on a five-star rating system. Recruiters could review the ratings...more

California Passes Law Aimed to Bridge the Gender Wage Inequality Gap

On October 6, 2015, California's Governor Edmund G. Brown, Jr. signed into law Senate Bill (SB) 358, legislation intended to increase wage transparency and which will make it more difficult for an employer to defend against...more

Borgata Babes: Casino Is Entitled to Enforce Weight Restrictions

On September 15, 2015, the Superior Court of New Jersey, Appellate Division found in Shiavo v. Marina District Development Company, LLC, that the New Jersey Law Against Discrimination (“NJLAD”) does not encompass allegations...more

Employment Law - October 2015

FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions - Why it matters: A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more

California Fair Pay Act: New Obligations for Employers or a Paper Tiger?

Widely lauded as the strongest equal pay legislation in the nation, California’s Fair Pay Act (Senate Bill 358) is now law. Effective January 1, 2016, the new law modifies California’s existing wage discrimination measures by...more

Women in the Workplace

Employers interested in attracting and retaining women and promoting greater gender diversity in their executive ranks will be interested in the Wall Street Journal’s Special Report on Women in the Workplace. The Report...more

EEOC Sues Nestlé Waters North America for Sex Discrimination

Female Employee Denied Promotion and Terminated Because of Her Gender, Federal Agency Charged - TAMPA, Fla. - Nestlé Waters North America (NWNA), a Stamford, Conn.-based division of Nestlé Waters, the world's largest...more

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