News & Analysis as of

Gender Discrimination Sex Discrimination

New EEOC Lawsuit Highlights the Danger of Providing Unequal Benefits to New Parents Based Upon Gender

by Payne & Fears on

On August 30, 2017, the Equal Employment Opportunity Commission ("EEOC") announced that it filed a lawsuit against cosmetics giant Estée Lauder, alleging the company's parental leave program illegally discriminates against...more

EEOC Sues Estée Lauder for Sex Discrimination

Cosmetics Giant Gave Men Lesser Paid Parental Leave and Related Benefits, Federal Agency Says - PHILADELPHIA - Estée Lauder Companies, Inc., one of the world's leading manufacturers and marketers of skin care, makeup,...more

What to Do with the Federal Government's Internally Inconsistent Interpretations of Title VII

Less than two and a half years ago, the federal government and courts generally agreed that Title VII did not prohibit discrimination on the basis of sexual orientation. But that consensus is no longer; within the last six...more

Paternity Leave Policies: Proceed With Caution

by Fisher Phillips on

For new parents, time at home to bond with their newborn child during the first few months after birth or adoption is very important. This small window is also important for fathers, as they did not have a chance to bond with...more

Four hot mid-year topics in California employment law

by Thompson Coburn LLP on

As California sizzles under scorching temperatures, state and local governments have turned up the heat on employers. Employers should be aware of and make sure they are in compliance with important legislative changes...more

Germany: More Bureaucracy, Less Gender Pay Gap?

by Littler on

Under the new German Remuneration Transparency Act, employers face complex review and reporting obligations. The gender pay gap in Germany for comparable work and equivalent job qualifications is still nearly 7%. In order to...more

Evans Vows to Take Sexual Orientation Discrimination Case to the U.S. Supreme Court

by Hinshaw & Culbertson LLP on

The Supreme Court may soon answer the most significant question to arise under Title VII in recent years: is sexual orientation discrimination “sex discrimination” within the meaning of the statute? The case to watch: Evans...more

Nevada Health Centers Settles EEOC Sex Discrimination Lawsuit

Health Care Provider Discharged Male Employee Because of His Gender, Federal Agency Charged - LAS VEGAS - Nevada Health Centers will pay $35,000 and provide other relief to resolve a sex discrimination lawsuit filed by the...more

“Male, Female, A Combination of Male and Female, Neither Male Nor Female”… New California Regulations Regarding Transgender...

by Bryan Cave on

Effective July 1, 2017, there are new regulations adopted by California’s Fair Employment and Housing Authority which significantly expand protections against discrimination for the transgendered. Broader Definitions -...more

Office for Civil Rights Issues New Instructions on Transgender Student Complaints

by Holland & Knight LLP on

Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...more

Delaware Follows Trend of Banning Compensation History Inquiries in Effort to Reduce the Gender Pay Gap

by Hinshaw & Culbertson LLP on

In a developing trend, Delaware followed Massachusetts, Oregon, New York City and Philadelphia, in enacting legislation directed at ensuring equal wages between genders. On June 14, 2017, Governor John Carney signed...more

Delaware Enacts Law to Address Gender Pay Gap By Prohibiting Employers From Requesting Compensation History of Job Applicants

by Littler on

On June 14, 2017, Delaware Governor John Carney signed a new law to address the pay gap between men and women by prohibiting prospective employers from asking job applicants about their salary history. Delaware’s law, which...more

The Pay Equity March on the West Coast Begins: Oregon Signs Expansive Equal Pay Law and San Francisco Considers Salary History Ban

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The West Coast is turning back to pay equity. Last year, California led the charge and became the first state to adopt a more onerous pay equity law. The East Coast then joined, with stringent pay laws...more

Employment Law Navigator – Week in Review: May 2017 #5

by Zelle LLP on

Last week, all the judges on the U.S. Court of Appeals for the Second Circuit agreed to review a suit that raises claims of sexual orientation discrimination under Title VII. The case involves a New York skydiving instructor...more

Transgender Basics

by Zelle LLP on

In 2016, 1.4 million adults in the United States identified as transgender. Federal Circuit Courts have consistently ruled that Title VII prohibits discrimination in employment based on an applicant’s or employee’s...more

Employment Law Navigator – Week in Review: May 2017 #2

by Zelle LLP on

Last week, The Wall Street Journal broke the news that code written by female engineers at Facebook gets rejected much more frequently than code written by male engineers at the company. Five years of data collected by a...more

Avoiding Illegal Termination of Employees in Nevada

by Dickinson Wright on

One of the many challenges for employers is that, occasionally, employees must be terminated. Unfortunately, sometimes those former employees claim to have been terminated illegally, giving rise to the risk of legal and...more

Ninth Circuit Holds that Prior Salary Alone May Justify Pay Differential in Equal Pay Act Cases

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On April 27, 2017, the Ninth Circuit held that using prior salary alone may support differences in compensation under the Equal Pay Act as a “factor other than sex” if using prior salary was “reasonable”...more

Top labor and employment developments in 2017 for ADG companies

by Hogan Lovells on

U.S. presidential administrations historically have sought to use the federal procurement system, and specifically the regulations that apply to contractors and subcontractors, as a means to implement policies that would...more

Country Fresh to Pay $84,750 to Settle EEOC Sex Discrimination Suit

Milk Manufacturer Denied Promotions to a Woman Because of Sex, Federal Agency Charged - DETROIT - Country Fresh, LLC, a milk manufacturer which operates in Livonia, Mich., a suburb of Detroit, will pay $84,750 to settle...more

Second Circuit Addresses Title VII Sexual Orientation Claims And Leaves Door Ajar For Sex Stereotyping Claims

In a three-member panel decision in Christiansen v. Omnicom Group, Inc., the Second Circuit revived a homosexual employee’s claims under Title VII on the theory of sex discrimination based on sex stereotyping, but stopped...more

So – Are LGBTQ Rights Protected under Federal Employment Law or Not?

by Foley & Lardner LLP on

The most accurate answer to this question is, “it depends.” On March 10, 2017, the Eleventh Circuit Court of Appeals (covering Alabama, Georgia, and Florida) weighed in on LGBTQ protections – but the decision is not as...more

Ultracare Las Vegas Settles EEOC Sex Discrimination Lawsuit

Placement Agency Fired Male Employee Because Of His Gender, Federal Agency Charged - LAS VEGAS - Ultracare Las Vegas, an ultrasound technician provider, will pay $15,000 and furnish other relief to settle a sex...more

Title IX Meets VII: Grappling with Gender-Based Harassment and Discrimination in Education

by Nexsen Pruet, PLLC on

Employers in education are familiar with Title IX of the Education Amendments of 1972 and its applicability to all schools receiving federal funding. Title IX states that “No person in the United States shall, on the basis...more

Annual Report on EEOC Developments – Fiscal Year 2016

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

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