News & Analysis as of

Sixth Circuit Says Plaintiff Can Pursue Blended Race and Sex Discrimination Claim Even Though She Was Replaced By a Woman

When pursuing a federal employment discrimination claim, plaintiffs frequently allege multiple bases for the claim, i.e., age and disability, or gender and religion. Last month, the Sixth Circuit Court of Appeals concluded...more

"Does Leaning In Make Legal Sense for Employers? Definitely."

With employment discrimination charges at a 15-year high, employers are seeing a particular increase in claims brought by workers who are pregnant or caring for young children or aging parents. A 2010 report by the Center for...more

N.J. Court Upholds Criminal Indictment against Former Employee Who Took Confidential Documents

Recently, the Appellate Division of the New Jersey Superior Court upheld a criminal indictment against a former employee of the North Bergen Board of Education (the Board), which stemmed from the alleged theft of public...more

New Jersey Assembly Passes Pregnancy Discrimination Bill

The proposed law would offer increased protections for nondisabled employees who are affected by pregnancy or childbirth and would impose greater accommodation requirements on employers....more

New Gender Equality Notice Issued for New Jersey Employers

The New Jersey Commissioner of Labor and Workforce Development recently issued the official notice poster (the “Notice”) informing employees of their right to be free from gender-based discrimination in pay, compensation,...more

Supreme Court Hears Second Affirmative Action Case This Year

On October 15, only four months after the United States Supreme Court heard arguments regarding an affirmative action program for the University of Texas, the Supreme Court heard oral argument in Schuette v. Coalition to...more

Bill to Ban Pregnancy Discrimination Unanimously Passed by New Jersey Senate

Similar to recent legislation passed in New York City, the New Jersey Senate unanimously passed a bill on Monday that would explicitly prohibit employment discrimination based on pregnancy, childbirth, or medical conditions...more

Utah Employment Law Letter - November 2013: SEX DISCRIMINATION: Employer vs. employee perception in gender discrimination claims

Philosophers argue endlessly about “Truth” with a capital “T,” but most people will likely never comprehend that kind of “truth.” Rather, we all view and interpret the world and our experiences through a complex set of lenses...more

Social Media Storm and Lessons Learned: Sexist Memo Sent By Lawfirm Leadership to Female Lawyers

I first came across this story, not buried in an online discussion or in a tweet. But rather, on the Today Show. It's an excellent example of the speed with which poorly thought out internal memos find a whole new life...more

EEOC Sues Employment Staffing Agency ILM for Sex-Based Hiring Discrimination

California-Based Firm Refused to Refer Women For Jobs in Tennessee, Federal Agency Charges - NASHVILLE, Tenn. - A California-based private employment and recruiting agency, Industrial Labor Management Group, Inc....more

Girl Banned From Football Because Of Her Gender

Title IX requires that schools receiving public funding must allocate those funds equally between male and female educational programs such as extracurricular sports. Since its passage over 40 years ago, Title IX has mandated...more

New York City Council Amends New York City Human Rights Law to Require Employers to Provide Reasonable Accommodations to Pregnant...

The nation’s broadest anti-discrimination law just got broader – now requiring employers to provide reasonable accommodations to pregnant employees. Existing Federal, state and city laws already protect women against...more

Equal Credit Opportunity Act — A Primer on Disparate Impact, Part One

What is fair? In the area of credit, it would seem to mean being treated equally. Thus, for example, the Federal Equal Credit Opportunity Act (ECOA) states that it is unlawful for a creditor to discriminate against an...more

EEOC Sues Checkers for Pay Discrimination

Restaurant Chain Paid Female Managers and Cashiers Less Than Males, Federal Agency Says - PHILADELPHIA -- Market Burgers, L.L.C., doing business as Checkers, a fast food restaurant chain, violated federal law by paying...more

Labor Letter, August 2013: Make Your No-Harassment Policy Less Sexy

In recent years, many high-profile workplace-harassment lawsuits have grabbed headlines, complete with lewd and salacious allegations. Sexual harassment is indeed a form of gender discrimination and courts have issued many...more

Oregon Court of Appeals Continues Debate About Status of Wrongful Discharge Claims In Oregon in Kemp v. Masterbrand Cabinets, Inc.

Last week the Oregon Court of Appeals issued its opinion in Kemp v. Masterbrand Cabinets, Inc., holding that the plaintiff’s common law wrongful discharge claim was not precluded by the statutory remedies then available under...more

NJ Supreme Court Clarifies Employee “Protected Activity”

The ruling provides guidance as to what employee conduct is protected under the antiretaliation provisions of two key state laws. On July 17, the Supreme Court of New Jersey issued a decision in Battaglia v. United...more

Yes, You Can Fire An Employee Because She Is Hot, Iowa Supreme Court Affirms

Last year we reported on the Iowa Supreme Court's decision in Nelson v. James H. Knight, DDS (Iowa, December 21, 2012), in which the court held that a dental practice did not discriminate against a female assistant by...more

EEOC Sues Extended Stay Hotels for Pay Discrimination Based on Sex

Hotel Paid Women Less Than Male Employees, Federal Agency Charges - BALTIMORE - A leading hotel chain, Extended Stay Hotels, unlawfully paid female employees lower wages than those paid to male employees for performing...more

Legal to Fire Female Employee for Being Irresistible?

The Iowa Supreme Court has recently withdrawn its December 21, 2012 opinion in the sex discrimination suit, Nelson v. Knight, and has declared that it will review the case....more

Wal-Mart Continues Winning Streak In Regional Class Actions

Female workers have sued Wal-Mart in a number of cases around the country, following the Supreme Court ruling in 2011 rejecting a nationwide class action. These new regional cases often make the same allegations of...more

Labor Letter, July 2013: Can You Fire Someone For Being Too Sexy?

In a recent case decided by the Iowa Supreme Court, the judges held that such an action is acceptable under the law. Before your mind starts wandering too far about the repercussions of this decision, let’s not get ahead of...more

Pacific Airport Services in Saipan Settles EEOC Sexual Harassment Suit for $65,000

Company Failed to Discipline Supervisor Who Sexually Harassed at Least Five Female Employees, Federal Agency Says - SAIPAN, CNMI - Pacific Airport Services, Inc., an airport services provider for various airlines...more

Illini Precast Agrees to Consent Decree in Sex Discrimination Case Brought by EEOC

Manufacturer Refused to Hire Women as Temporary Workers, Federal Agency Charged - CHICAGO - Federal District Judge Milton Shadur has entered a consent decree resolving a sex hiring lawsuit brought by the U.S. Equal...more

Federal Appeals Court Resists Categorizing “Sexual Stereotyping” Claim As Violation Of Title VII

Under Title VII, an unlawful employment practice is established when an employee demonstrates that gender is a motivating factor for an adverse employment action. Under that analysis, a number of federal appellate courts...more

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