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Blog: OFCCP Proposes New Sex Discrimination Guidelines for Contractors and Subcontractors

On January 28, 2015, the Office of Federal Contract Compliance Programs (“OFCCP”) announced proposed changes to its sex discrimination guidelines (“Guidelines”). The current Guidelines set forth the interpretations and...more

OFCCP Proposes Updated Sex Discrimination Rules

The Office of Federal Contract Compliance Programs announced a proposed rule to update the agency's sex discrimination regulations. The OFCCP's existing guidelines on sex discrimination were issued in 1970 and, admittedly, do...more

Justice Department Extends Title VII Protection to Transgender Government Employees

In a surprising reversal, on December 18, 2014, Attorney General Eric Holder announced that the United States Department of Justice ("DOJ") will now interpret Title VII of the Civil Rights Act of 1964 ("Title VII") as...more

DOJ Says Title VII's Sex Discrimination Prohibition Includes Gender Identity

U.S. Attorney General Eric Holder has announced that the Department of Justice (DOJ) now takes the position that Title VII's prohibition against sex discrimination includes discrimination based on gender identity, including...more

Department of Justice to Include Gender Identity Under Discrimination Protection

In a memo released by the Department of Justice yesterday, Attorney General Holder directed government attorneys to no longer exclude gender identity, including transgender issues, from Title VII’s protection against sex...more

OFCCP Joins EEOC in Holding That Gender Identity/Transgender Discrimination is Sex Discrimination Under Title VII

The Office of Federal Contract Compliance Programs (OFCCP) issued a Directive on Gender Identity and Sex Discrimination (DIR 2014-02), announcing that it will follow the EEOC and investigate claims of gender identity...more

Philadelphia Mayor Signs Legislation to Accommodate Nursing Mothers in the Workplace

Last week Philadelphia Mayor, Michael A. Nutter, signed into law, City of Philadelphia Bill No. 130922 (“the Bill” or “the Ordinance”), a City ordinance which requires employers to reasonably accommodate an employee’s need to...more

Philadelphia Now Requires Workplace Accommodations for Nursing Mothers

Philadelphia now expressly requires both private and public employers to provide workplace accommodations for nursing mothers pursuant to an amendment to the Philadelphia Fair Practices Ordinance signed by Mayor Michael A....more

OFCCP Publishes Directive on Gender Identity and Sex Discrimination

The Office of Federal Contract Compliance Programs (OFCCP) has published a Directive on Gender Identity and Sex Discrimination (DIR 2014-02). The Directive clarifies that agency guidance on discrimination on the basis of sex...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 48: Transgender Rights Under Title VII...

As Pride festivities celebrating the lesbian, gay, bisexual, and transgender (LGBT) culture occur this month in Los Angeles, San Francisco, San Diego and Sacramento, we take a look at the development of transgender...more

EEOC Roundup

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

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

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