Gender Discrimination Hostile Environment

News & Analysis as of

Transgender at Work: How Employers Can Stay Off the EEOC Radar Screen

It’s no secret that the EEOC—and even some courts—read Title VII to prohibit discrimination against transgender employees. A growing number of state and city laws also specifically include gender identity and/or expression as...more

The Fourth Circuit Asks What For, Answers with But For: The Determination that a Landmark United States Supreme Court Decision...

In 2013, the Supreme Court of the United States held that plaintiffs claiming retaliation under Title VII must prove that “but for” the retaliation they would not have been discharged. University of Texas Southwestern Medical...more

Anti-Discrimination Laws Going “Intern”-ational? New York City Extends Its Human Rights Law to Unpaid Interns

As we reported last October, a federal court in New York found that an unpaid intern could not bring a hostile work environment sexual harassment claim pursuant to the New York City Human Rights Law (“NYCHRL”). (Wang v....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

Employer Liable for Disregarding Complaints About Soiled Toilet, Porn, and Retaliation — Possible Punitive Damages

In Davis v. Kiewit Pacific Company, Lisa Davis, a heavy machine operator and one of two female employees at a 100-employee excavation project, prevailed in her claims of gender discrimination, hostile work environment, and...more

Fenwick Employment Brief - October 2013

In Davis v. Kiewit Pacific Company, Lisa Davis, a heavy machine operator and one of two female employees at a 100-employee excavation project, prevailed in her claims of gender discrimination, hostile work environment, and...more

"Boys will be Boys" A Risky Employment Policy

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

EEOC Sues Newport News Industrial Corporation for Unlawful Retaliation

Company Terminated Employee for Complaining about Gender Discrimination, Federal Agency Charged - WILMINGTON, N.C. - Newport News Industrial Corporation violated federal law by firing a female employee after she...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

EmployerLINC.com - February 8, 2013: Court enforces agreement to arbitrate

In a January 23, 2013 decision, the U.S. District Court for the Northern District of Oklahoma continued a recent trend in Oklahoma cases enforcing arbitration clauses included in employment agreements or relationships....more

Public School Teachers, Free Speech, and Hostile Environment

In public school, the constitutional tension can be high on these issues: students' and teachers' free speech rights; teachers' Free Exercise rights; the school's concern for the Establishment clause; when bullying begins;...more

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