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Gender Discrimination Sex Discrimination Employer Liability Issues

Seyfarth Shaw LLP

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

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Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Lowers the Bar for Title VII Employment Claims

Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more

Polsinelli

No Harm, No Foul: The Supreme Court Reduces “Harm” Standard for Discriminatory Job Transfer Claims under Title VII

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In April, the U.S. Supreme Court unanimously held in Muldrow v. City of St. Louis, that to sustain a prima facie case of employment discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”), plaintiffs do...more

Franczek P.C.

Recent Supreme Court Decision Clarifies Lower Standard of Harm for Job Transfers under Title VII

Franczek P.C. on

In a recent decision, Muldrow v. City of St. Louis, the U.S. Supreme Court clarified the standard for determining whether an adverse employment action is a sufficient basis for a discrimination claim under Title VII of the...more

Dentons

Promotion and Demotion – What to Watch For

Dentons on

In a recent U.S. Supreme Court case, a police sergeant alleged that she was transferred from one job to a less desirable job in the police department because of her sex....more

Conn Maciel Carey LLP

Employers Beware: Title VII Now Allows Employees to More Easily Challenge Your Decision to Transfer or Reassign Them

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On April 17, 2024, the United States Supreme Court issued an opinion in Muldrow v. City of St. Louis, Missouri, a case involving a St. Louis Police Department officer’s claim that she was subject to a discriminatory job...more

Bradley Arant Boult Cummings LLP

No More Adjectives… Just Some Harm: Supreme Rules on Title VII Job Transfer Threshold

If you transfer an employee to a job with no loss in pay or title but the employee thinks it is less desirable, can that employee sue you for discrimination under Title VII? While it depends on the facts, in Muldrow v. St....more

Littler

British Columbia Human Rights Tribunal Finds Employer Discriminated Against Transgender Employee Based on Their Gender Identity...

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In Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137, the British Columbia Human Rights Tribunal found that a restaurant and its managers that refused to use a server’s pronouns, among...more

Ius Laboris

Japan adopts LGBTQ awareness legislation

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In June 2023, the ‘Act on the Promotion of Citizens’ Understanding of Diversity of Sexual Orientation and Gender Identity’ was enacted by the Japanese legislature (the Diet)....more

Husch Blackwell LLP

EEOC Proposes New Guidance on Harassment - Open for Public Comment Until Nov. 1

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The Equal Employment Opportunity Commission (EEOC) has released proposed “Enforcement Guidance on Harassment in the Workplace.” The proposed guidance presents a legal analysis of the standards for harassment and employer...more

Constangy, Brooks, Smith & Prophete, LLP

Fifth Circuit eviscerates a requirement for Title VII claims. What’s next?

In its recent en banc opinion in Hamilton v. Dallas County, the U.S. Court of Appeals for the Fifth Circuit overturned nearly 30 years of precedent that required Title VII plaintiffs to allege that they had been subjected to...more

McAfee & Taft

Employee can’t show firing was because of her gender

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Discrimination claims are determined by a three-step analysis under which often the third step — pretext — is key. The first steps are relatively simple to establish. For the first step in their prima facie case, a plaintiff...more

Fisher Phillips

How Florida’s New Bathroom Law Will Impact Schools, Public Employers, and Businesses

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Florida lawmakers passed a bill on Wednesday that will make it a crime for individuals to use certain bathrooms that don’t align with their gender at birth, raising many questions for schools, public employers, and businesses...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York State Adopts Updates to Model Sexual Harassment Prevention Policy

On April 11, 2023, the New York State Department of Labor (NYSDOL) finalized updates to the state’s “Sexual Harassment Model Policy” that provides employers a template to aid their compliance with New York State laws...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

China Increases Employers’ Responsibilities to Address Discrimination and Sexual Harassment Against Women in the Workplace

China has introduced a new legislative amendment revising the Women’s Protection Law, which was first introduced in 1991, to address workplace gender discrimination and sexual harassment. The amendment, which took effect on...more

Foster Swift Collins & Smith

Michigan Senate Passes Significant Amendments to Elliott-Larsen Civil Rights Act

On March 1, 2023, the Michigan Senate approved a series of amendments to the state’s Elliott-Larsen Civil Rights Act, which would add “sexual orientation, gender identity or expression” to the law’s list of prohibited...more

Hogan Lovells

Umgang mit Gender Diversity im Unternehmen - Keine Diskriminierung durch Gendersternchen1

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Das LAG Schleswig-Holstein hat entschieden, dass die Verwendung des Gendersternchens eindeutig zum Ausdruck bringt, dass alle Geschlechter gleichermaßen angesprochen werden sollen und kein Geschlecht diskriminiert werden...more

Littler

New Dutch Law to Require More Women in Top Jobs

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In September 2021, the Dutch Senate ratified the “Act to ensure a more balanced ratio between men and women on the management and supervisory boards of large public limited and private limited companies,” known as the...more

Manatt, Phelps & Phillips, LLP

Equality Act Passes House, Faces Senate

In the latest demonstration of the employment law priorities of the Biden administration, the U.S. House of Representatives passed the Equality Act, a civil rights bill that would prohibit discrimination against individuals...more

Seyfarth Shaw LLP

A Peek Behind The Numbers: The EEOC’s Enforcement Statistics Show Fewer Charges Filed In 2020, While Recoveries Surged

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Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2020. Notably, the statistics indicate that 2020 saw a dramatic drop in filed charges, with the lowest number of charges...more

Katten Muchin Rosenman LLP

Broadening the Pipeline: How to Increase Diversity in the Financial Services Legal Industry

The year 2020 has been a highly unusual and disruptive year — from the COVID-19 pandemic to natural disasters — our daily lives have changed dramatically. Most notable is the social awakening that has taken place this year...more

Sands Anderson PC

What Pronoun Are You? Dos and Don’ts to Protect Employers from Gender-Based Discrimination Claims.

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Bathroom access has become the buzz topic for gender-identity based discrimination claims as publicized and debated in popular media. This nationwide debate has featured the famous Virginia case of Gavin Grimm, see G.G. ex...more

Haynsworth Sinkler Boyd, P.A.

Employers, Is Your Workplace Diverse And Inclusive? Considerations To Help End Workplace Inequity.

An accepting workplace reflects diversity and honors differences. Intolerance of minorities and differences continues to be evident in society and, thus, will also be present in workplaces. Businesses remain behind societal...more

Fisher Phillips

Court Ruling Points to Expanded LGBT Anti-Discrimination Protections in China

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In a landmark ruling, a Beijing court ruled in favor of a transgender employee against her employer, a Chinese e-commerce company, interpreting China’s anti-discrimination laws to include protection based on sexual...more

Fisher Phillips

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

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You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

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