Gender Discrimination Hiring & Firing

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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

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

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