Sex Discrimination

News & Analysis as of

Employment and Immigration Issues Facing Banks

EMPLOYMENT ISSUES - 1. No compensation for compensable work - Many banks—including large, sophisticated banks—are facing class action lawsuits for not compensating non-exempt employees for compensable work....more

Another Day, Another Rule for Federal Contractors

As we previously noted, federal contractors have been besieged in recent months with regulatory changes and enforcement initiatives advanced by the Office of Federal Contract Compliance Programs (“OFCCP”) and various...more

Eighth Circuit Holds That Supervisor's Bizarre Conduct Does Not Constitute Discrimination

In Rickard v. Swedish Match North America, Inc., the Eighth Circuit held that a supervisor's allegedly inappropriate behavior did not rise to the level of actionable discrimination based on age and sex. The case reminds us...more

The Pregnancy Discrimination Act – Granting Equal Rights to Being Treated Poorly?

In 1978 Congress enacted the Pregnancy Discrimination Act (“PDA”) to amend Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. Why then in 2014, over forty-five years later, is...more

OFCCP Submits Proposed Regulations Regarding Sex Discrimination For Review

OFCCP recently sent proposed regulations regarding sex discrimination to the Office of Management and Budget (OMB) for review. The content of the regulations has not yet been disclosed, but OFCCP has previously stated that it...more

Can You Discriminate Against a Company's Race? Fourth Circuit Says Yes, Grants Standing to Sue for Racial Discrimination

Owners, contractors and other recipients of federal funds be aware: when construction or other federally-funded contracts sour, not only can contracting parties file lawsuits claiming breach of contract, but if the...more

Be Prepared - Watch for the Following in the New Year:

Believe it or not, 2014 is drawing to a close and a new year is around the corner. As you prepare for 2015, here are some items on the U.S. Department of Labor’s regulatory agenda that you will want to track...more

InterConnect - Counsel for the Road Ahead®

In this Issue: - Get Organized! With NLRB’s “Ambush Election Rules” Looming, Employers Must Be Proactive in Their Union-Free Message - What’s Cooking?: The FDA’s Proposed Regulations on Sanitary Food...more

Juries and the EEOC Take Aim at Pregnancy Discrimination

Back in the summer, we wrote about the Equal Opportunity Commission’s release of its updated enforcement guidance on pregnancy discrimination claims under the Pregnancy Discrimination Act. Under the PDA, discrimination based...more

ALERT: Danger Zone - Employer Hit with Huge Pregnancy Discrimination Act Verdict

In a stunning employment verdict, a California jury awarded $185 million in punitive damages and $873,000 in compensatory damages to a former AutoZone store manager who claimed the auto-parts retailer mistreated her based on...more

EEOC Roundup: October 2014

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

Group health plans for same-sex spouses: Equal treatment required or not?

In our recent webinar, McAfee & Taft attorneys shared with you a number of ramifications from the recent U.S. Supreme Court decision that effectively legalized same-sex marriage in Oklahoma. One of the key questions we...more

Vamco Sheet Metals to Pay $215,000 to Settle EEOC Sex Discrimination Suit

Women Working on John Jay College Expansion Treated Unfairly by Construction Contractor, Federal Agency Charged - NEW YORK - Construction contractor Vamco Sheet Metals, Inc., will pay $215,000 as part of the settlement...more

Doctors and Lawyers and Such

When doctors and lawyers get sideways with their business partners, they might dispute whether one or more of them are really “employees.” In a recent case, an anesthesiologist alleged disability and sex discrimination. To...more

Waiting with Their Wings to Fight Workplace Sex Discrimination

Flight Attendants Were Instrumental in the Early Enforcement of Title VII's Prohibition of Sex Discrimination, Panel Explains at 50thAnniversary Event in Chicago - CHICAGO - Flight attendants were one of the first...more

EEOC, IIT Chicago-Kent College of Law, and EEO Committee of ABA Section on Labor and Employment Law to Host CRA 50th Anniversary...

Panel Will Explore Flight Attendants' Pivotal Role in Enforcement of Title VII Prohibition Against Sex Discrimination - CHICAGO -- The U.S. Equal Employment Opportunity Commission, IIT Chicago-Kent College of Law's...more

EEOC’s Transgender Claims Gain Momentum

The Equal Employment Opportunity Commission (EEOC) made history recently by filing its first lawsuits alleging sex discrimination against transgender individuals. The EEOC says Michigan-based RG & GR Harris Funeral...more

Retail Chain Sued for Sex Discrimination After Customer Stalks Employee

Sexual harassment in the workplace is typically committed by a supervisor or co-worker. However, employers may be liable for sex discrimination if the harasser is a client or customer. Recently, the U.S. Equal Employment...more

An Attorney is an Attorney is an Attorney? Not So Fast, Says Second Circuit, Shutting Down EEOC Equal Pay Act Claim

The EEOC suffered another fatal blow to its systemic discrimination initiative on Monday when the Second Circuit held that the Commission’s Equal Pay Act (EPA) complaint against the New York Port Authority was too barebones...more

EEOC Sues Mel-K Management Company for Race- and Sex-Based Harassment and Retaliation

Manager Hurled Racial and Sex-Based Epithets at Workers, Fired a Harassment Victim for Complaining, Federal Agency Charges - CLEVELAND - Mel-K Management Company violated federal law by subjecting a class of employees...more

EEOC Files Historic Transgender Discrimination Lawsuits As Societal Focus on Transgender Rights Grows

If you’re an Amazon Prime member or you’ve shopped online at Amazon lately, you’ve probably heard that Amazon launched a new TV series last week, "Transparent," about a 70 year old divorced father who announces to his...more

EEOC Sues Lakeland Eye Clinic for Sex Discrimination Against Transgender Employee

Lawsuit Is One of Two the Agency Filed Today - the First Suits in Its History - Challenging Transgender Discrimination Under 1964 Civil Rights Act - TAMPA, Fla. - Lakeland Eye Clinic, a Lakeland, Fla.-based...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

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