News & Analysis as of September 22, 2024

Sexual Orientation Discrimination

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Amerigo Italian Restaurant Owner Companies Pay $60,000 in EEOC Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 5/1/2024

Restaurant Settles Federal Charges It Subjected Gay Employee to Hostile Work Environment At Its Memphis Restaurant, Then Fired Him for Complaining - MEMPHIS, Tenn. – J.H.S. Holdings, LLC, and 4Top Hospitality Group, Inc.,...more

EEOC Sues TA Dedicated and TForce TL Holdings for Sexual Orientation Discrimination, Retaliation

U.S. Equal Employment Opportunity Commission... on 9/21/2023

Federal Agency Charges Trucking Companies Allowed Harassment, Termination of Gay Mechanics Because of Sexual Orientation - CLEVELAND – TA Dedicated, Inc. doing business as Transport America, and TForce TL Holdings USA,...more

#No Filter: Terminating an Employee for Social Media Posts – Part 2

Cozen O'Connor on 9/13/2019

Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more

Do Heterosexuals Have Title VII Rights? Part Two.

Constangy, Brooks, Smith & Prophete, LLP on 5/3/2019

Court says no, in one of the weirdest cases ever. In January, I blogged about the very strange case of O'Brien v. Industrial Service Solutions. The plaintiff was a Human Resources Manager who saw a transgender woman in the...more

Do heterosexuals have Title VII rights?

Constangy, Brooks, Smith & Prophete, LLP on 1/11/2019

Bonnie O'Daniel was a Human Resources manager (remember that!) at a workplace in Louisiana. One day in April 2016, she went shopping at a well-known national retail store and encountered a transgender woman in the dressing...more

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger LLP on 6/22/2018

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

EEOC Argues that Sexual Orientation Discrimination by a Heterosexual Person can Constitute a Protected Activity

Seyfarth Shaw LLP on 6/14/2018

In her appeal to the Fifth Circuit, Plaintiff Bonnie O’Daniel argues that the trial court wrongly concluded that it was unreasonable for O’Daniel to believe that a complaint about discrimination based on sexual orientation...more

Two Guys Walk into a Wine Bar… Not a Joke as Another Court Recognizes Claim for Harassment Based on Sexual Orientation

Bradley Arant Boult Cummings LLP on 4/10/2018

I have told clients for years that they ignore claims based on sexual orientation at their peril, and another court is backing me up. An Arizona federal district court just ordered a wine bar to pay real money ($100,000) to...more

California’s Labor & Employment Changes for 2018: Part I - Legislative Changes Impacting Employers

Best Best & Krieger LLP on 2/21/2018

California courts and Legislature greatly expanded protections for public and private workers in 2017, handing down decisions and passing laws regarding wages, discrimination based on criminal and salary histories,...more

Los Angeles Jury Awards $17.4 Million to Sanitation Bureau Employee

Proskauer - California Employment Law on 1/2/2018

Continuing an alarming recent pattern of multi-million dollar jury awards, a Los Angeles jury panel recently awarded $17.4 million to a former employee of the Bureau of Sanitation. The employee claimed he had been retaliated...more

Bojangles’ To Pay $15,000 To Settle EEOC Sexual Harassment and Retaliation Lawsuit

U.S. Equal Employment Opportunity Commission... on 12/22/2017

Transgender Employee Subjected to Gender Identity Harassment Then Fired for Reporting, Federal Agency Charged - RALEIGH, N.C. - Bojangles' Restaurants Inc., a North Carolina corporation operating a chain of fast food...more

2018 Legislative Update for California Employers

Conn Maciel Carey LLP on 12/15/2017

California has had yet another banner year closing the 2017 legislative session with a spate of new employment laws imposing additional compliance obligations on employers. Bucking the anti-regulatory tide in Washington, DC,...more

End of Fiscal Year Filings Signal Business as Usual at the EEOC – For Now

Franczek P.C. on 10/4/2017

Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal...more

Is Sexual Orientation Protected Under Title VII? The DOJ Weighs In

Littler on 8/1/2017

Last week, on Wednesday July 26, 2017, the United States Department of Justice (DOJ) filed an amicus brief in a Second Circuit case taking the position that Title VII does not protect employees against sexual orientation...more

Web Exclusive: The Changing Face Of Discrimination

Fisher Phillips on 6/9/2017

As all hospitality employers know, Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of “sex.” However, the statute does not specifically mention sexual orientation or gender identity. What does...more

Transgender Employees May Be Entitled To Protection From Discrimination Under The ADA

Foley & Lardner LLP on 5/31/2017

Of late, we have recently written quite a bit about the ever-changing legal landscape regarding protections for LGBTQ employees. Most of the authority we explored involved whether or not sexual orientation (as well as gender...more

Seventh Circuit Court of Appeals Speaks Out on Employment Issues

Ruder Ware on 5/3/2017

Several recent decisions by the Seventh Circuit Court of Appeals have set the tone for court decisions in the employment law field. The Seventh Circuit Court of Appeals covers a number of states in the Midwest, including...more

A Review of Recent Whistleblower Developments

Foley & Lardner LLP on 4/21/2017

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. ...more

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on 2/27/2017

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

“5th & Wine” Bar Sued By EEOC For Sex-Based Harassment and Retaliation

U.S. Equal Employment Opportunity Commission... on 1/24/2017

Scottsdale Wine Café Abused Employees Based on Their Actual and Perceived Sexual Orientation, Federal Agency Charges - PHOENIX - Scottsdale Wine Café, LLC (5th & Wine), a Scottsdale wine bar and restaurant, violated...more

Transgender Video Game Industry Employee Converted to Independent Contractor Status Raises Misclassification and Discrimination...

Troutman Pepper on 5/31/2016

A prominent Washington State video game company, Valve Corporation, creator of Half-Life, Counter-Strike, and Left 4 Dead, has been sued by a former employee it converted into an independent contractor as an accommodation to...more

Employee Was Properly Terminated For Lying And Failing To Cooperate During Company Investigation

Proskauer - California Employment Law on 2/4/2013

John McGrory sued his former employer, alleging he was unlawfully retaliated against for being uncooperative and deceptive during a company investigation into allegations that he had discriminated against a subordinate...more

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