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LGBT

Fenwick Employment Brief - Summer 2017 Update

by Fenwick & West LLP on

California Legislative and Agency Update - Read about the latest California cities to increase hourly minimum wages, newly expanded transgender protections, criminal background check limitations and other changes in...more

What to Do with the Federal Government's Internally Inconsistent Interpretations of Title VII

Less than two and a half years ago, the federal government and courts generally agreed that Title VII did not prohibit discrimination on the basis of sexual orientation. But that consensus is no longer; within the last six...more

I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez

by Cozen O'Connor on

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode provides an update on the DOL's significant Request...more

DOJ amicus brief in employment discrimination case undermines CFPB position on ECOA protection for sexual orientation

by Ballard Spahr LLP on

The Department of Justice has filed an amicus brief in a case pending before the U.S. Court of Appeals for the Second Circuit that presents the question of whether the prohibition on employment discrimination on the basis of...more

Does Transgender Military Ban Signal New Direction of Trump Administration on LGBTQ Rights?

by FordHarrison on

On July 26, 2017, President Trump announced via Twitter that the military, arguably the country’s largest employer, will no longer allow transgender people to serve, thus breaking from the Obama Administration’s lift of the...more

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

by Littler on

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

Department of Education Rethinking Campus Guidance on Sexual Assault

by Littler on

Higher education institutions may soon be asked to reconsider how they comply with Title IX obligations when a student or employee files a sexual assault complaint. The U.S. Department of Education (DOE) recently indicated it...more

Employment Law Navigator – Week in Review: July 2017 #4

by Zelle LLP on

Last week, HR Dive reported on a Washington federal court’s June order requiring that a public employer pay $1.8 million to a terminated employee. The worker was fired when she failed a drug test due to her lawful use of...more

New California Transgender Regulations: Employer Do's & Don'ts

by Ballard Spahr LLP on

California continues to forge a trail for gender identity protections in the United States. On July 1, 2017, the Fair Employment and Housing Council enacted new regulations addressing transgender issues that broaden the scope...more

Major Companies Call for Second Circuit to Declare Discrimination Based on Sexual Orientation Unlawful under Title VII

by Bowditch & Dewey on

On May 25, 2017, the Second Circuit Court of Appeals agreed to rehear the case of Zarda v. Altitude Express, Inc. to determine whether Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual...more

Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez

by Cozen O'Connor on

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode presents the first of two parts of a timely and...more

Defense Secretary Delays Start Date For Military’s Allowance of Transgender Recruits

by Bowditch & Dewey on

U.S. Defense Secretary James Mattis announced on June 30 that the Pentagon has approved a six-month delay of the start date for allowing transgender recruits to enlist in the military. In 2016, former Defense Secretary Ash...more

Best in Law: What to do to Comply with Transgender Laws - New California Laws Took Effect July 1

by Best Best & Krieger LLP on

California is continuing to be a leader on emerging civil rights issues. Back in 2004, California enacted laws to protect transgender workers. Transgender issues have become a front-burner topic.   On the national scene,...more

Eleventh Circuit Won’t Rehear Title VII Sexual Orientation Case; LGBT Advocacy Group Will Appeal to United States Supreme Court

After the Eleventh Circuit denied a petition for rehearing en banc last week in Evans v. Georgia Regional Hospital, LGBT advocacy group Lambda Legal announced that it will appeal the dismissal of its client’s complaint to the...more

Eleventh Circuit Sets the Stage for U.S. Supreme Court Certification on Whether Sexual Orientation is Protected by Title VII

by FordHarrison on

On March 10, 2017, in Evans v. Georgia Regional Hospital, a split panel of the U.S. Court of Appeals for the Eleventh Circuit held that it was bound by prior precedent that Title VII of the Civil Rights Act of 1964 does not...more

Evans Vows to Take Sexual Orientation Discrimination Case to the U.S. Supreme Court

by Hinshaw & Culbertson LLP on

The Supreme Court may soon answer the most significant question to arise under Title VII in recent years: is sexual orientation discrimination “sex discrimination” within the meaning of the statute? The case to watch: Evans...more

Are Transgender Employees Disabled under the ADA?

There has been a lot of discussion over the last year about whether transgender employees are protected against sex discrimination under Title VII—but what about against disability discrimination under the Americans with...more

California’s New Regulations Offer More Protection For Transgender Individuals

by Jackson Lewis P.C. on

California’s Department of Fair Employment and Housing (DFEH) has approved new regulations to protect transgender individuals, effective July 1, 2017. The new regulations expand protections available for people who...more

Second Circuit Denies Latest Request for En Banc Review in Title VII Sexual Orientation Discrimination Case

The Second Circuit has denied a plaintiff’s request to rehear argument en banc (that is, before all of the court’s judges) in a case alleging that Title VII of the 1964 Civil Rights Act prohibits discrimination based on...more

No Summer Break for Employers: New Duties Start July 2017

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Just when you thought it was safe to relax for the summer, California is giving employers four new reasons to keep on their toes. Laws going into effect on July 1, 2017, will address (1) domestic violence,...more

Philadelphia Empowers Agency to Shut Down Discriminating Businesses

by Morgan Lewis on

Businesses in the “City of Brotherly Love and Sisterly Affection” must now take this slogan seriously, ensuring no discrimination against patrons, or risk being shut down....more

July Is the New January: Beware of Employment Regulations About to Take Effect

by Littler on

As we close out the first half of the year, July ushers in numerous changes in labor and employment law. Notably, many statutes and administrative regulations across the country become operative in July. Before the fireworks...more

Best practices for employers under the EEOC’s new strategic enforcement plan

by McAfee & Taft on

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

Office of Civil Rights Field Instructions Signal Shift in Approach

by Barley Snyder on

It was revealed last week that Acting Assistant Secretary for the Office of Civil Rights (OCR), Candice E. Jackson, issued instructions to OCR regional directors on June 6, 2017, addressing the processing of complaints in...more

Hot List – What’s Happening in the California Legislature 6/19-6/23

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

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