Gender Discrimination Title VII

News & Analysis as of

EEOC Sues Bojangles For Sex Harassment and Retaliation

Restaurant Chain Subjected Transgender Employee to Sex Harassment, Then Fired Her for Complaining, Federal Agency Charges - FAYETTEVILLE, N.C. - Bojangles Restaurants, Inc., a North Carolina corporation operating a chain...more

New EEOC and OFCCP Guidance Highlight DOL Focus on Gender Discrimination

In connection with last week's United State of Women Summit, the Office of Federal Contract Compliance Programs (OFCCP) and the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance on sex...more

Female deputy’s different treatment poses problem for sheriff

For many years, law enforcement was a male-dominated profession. Recently, police and sheriff departments have made strides to increase the number of female officers. All employers must ensure they are treating male and...more

Final Gender Discrimination Rule for Federal Contractors Issued

Federal contractor healthcare plans, leave policies, accommodation practices, gender identity protections, and other employment practices to face increased scrutiny. For the first time in more than 40 years, the US...more

OFCCP Issues Final Regulations on Sex Discrimination for Government Contractors

On June 15, 2016, the U.S. Office of Federal Contract Compliance Programs (“OFCCP”) published a final rule detailing the obligations of federal contractors to ensure nondiscrimination on the basis of sex, and to take...more

Updating Your Employee Handbook for 2016

Employee handbooks are an important way for employers to communicate rules, expectations and benefits to employees. They also can serve as a way for the company to establish its brand and convey its history and corporate...more

OFCCP Releases Final Rule on Gender Discrimination

On June 14, 2016, the Office of Federal Contract Compliance Programs (“OFCCP”) released its updated final rule regarding sex/gender discrimination. The stated purpose of the update was to revise OFCCP’s decades old guidance...more

DOL Issues New Sex Discrimination Rules for Federal Contractors

For the first time in more than four decades, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has revised sex discrimination regulations for federal contractors and subcontractors....more

Court-Sanctioned Employee Theft? Self-Help Discovery May Be Protected Activity In Discrimination Cases

Recently in Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., No. SJC-11901, 2015 WL 10937776 (Mass. May 31, 2016), the Supreme Judicial Court of Massachusetts held, as a matter of first impression, that...more

OFCCP Updates Sex Discrimination Guidelines for Federal Contractors

The Office of Federal Contract Compliance Programs issued a final rule yesterday, enforcing Executive Order 11246 and updating its sex discrimination guidelines for federal contractors. Prior to yesterday’s issuance, the...more

Discrimination of LGBT is Sex Discrimination: EEOC Guidance Clearly Outlines the Commission’s Position

As discussions regarding the rights of lesbian, gay, bisexual and transgender (“LGBT”) employees in the workplace increase, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) offers guidance concerning...more

Fourth Circuit Finds Rebellious Behavior by Subordinates Insufficient to Constitute Hostile Work Environment

Most hostile environment harassment claims brought under Title VII involve allegations of offensive conduct by the plaintiff’s supervisors or co-workers. In a few situations, the employee alleges that his or her subordinates...more

No bluff: Wright demands equal pay on House of Cards

Actress Robin Wright, who plays the formidable Claire Underwood on House of Cards, is the latest in the entertainment world to speak out on equal pay. According to a recent interview, Wright demanded equal pay after...more

Fourth Circuit Says Standard for Adverse Action in Retaliation Claim is Significantly Lower Than That for Discrimination Claims

The Supreme Court’s 2006 Burlington Northern decision concluded that employers engage in retaliation against protected employees when they take action that would deter a reasonable person from filing an EEOC charge or...more

Federal Appeals Court May Soon Decide Whether Title VII Ban on Sex Discrimination Applies to Sexual Orientation

Two pending cases may provide the first rulings from federal appeals courts that Title VII prohibits discrimination on the basis of sexual orientation. Last September, the Seventh Circuit heard arguments in Hively v....more

State Laws Are Not a Defense to Title VII's Prohibition on LGBT Discrimination, Says the EEOC

Mississippi and North Carolina recently passed legislation categorized as "sweeping anti-LGBT laws." North Carolina's bill, H.B. 2, requires transgender people to use public restrooms according to the biological sex assigned...more

EEOC Announces Six-Figure Transgender Discrimination Settlement

The onslaught of news stories about "bathroom bills" has thrust issues facing transgender people into the national spotlight, but do you know what rights are afforded to transgender people in the workplace? Employers should...more

OSHA, EEOC and the Dept. of Justice Weigh In On Transgender Rights in the Workplace

In the last few months, hardly a day has gone by without some news regarding transgender bathroom access. Perhaps the catalyst for the increased attention on this issue was North Carolina’s passage of its controversial H.B....more

EEOC and OSHA Provide Guidance to Employers on Transgender Rights in the Workplace

In the last few months, hardly a day has gone by without some news regarding transgender bathroom access. Perhaps the catalyst for the increased attention on this issue was North Carolina’s passage of its controversial H.B....more

Where Do I Pee? “The Bathroom Corresponding to Your Gender Identity Says the EEOC

Bathroom use by transgender individuals is today’s hot-button civil rights issue. The often strong and disparate opinions about the subject creates a conundrum for employers: How do we make everyone comfortable while...more

The LGBT Question the EEOC is Putting to the Test

Does Title VII Cover Sexual Orientation Discrimination? The EEOC is getting serious about sexual orientation discrimination: in the two lawsuits filed earlier this month, the EEOC argues—for the first time in court—that...more

Protection for LGBT Workers on the Rise: EEOC Files First Title VII Lawsuits Alleging Sexual Orientation Discrimination

Earlier this month, the EEOC filed its first lawsuits against employers alleging sexual orientation discrimination under Title VII, arguing that Title VII’s protections extend to sexual orientation as a form of gender bias....more

EEOC Takes Sexual Orientation Discrimination to Federal Court

Employers should consider implementing anti-discrimination and anti-harassment policies in the workplace that include protections for employees based on their sexual orientation and gender identity and expression. On...more

EEOC Files First Suits Challenging Sexual Orientation Discrimination As Gender Bias

On March 1, the EEOC filed its first two lawsuits alleging that discrimination based on sexual orientation violates Title VII as a form of sex discrimination. Those two cases, against Scott Medical Health Center on behalf of...more

DFEH Releases New Guidance Regarding Transgender Employees

The Department of Fair Employment and Housing (“DFEH”) recently issued new guidance for employers to prevent discrimination against transgender employees, who are protected under California’s Fair Employment & Housing Act...more

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