Sex Discrimination

News & Analysis as of

Recordkeeping Non-Compliance Will Cost You—the EEOC Settles its Sex Discrimination Case Against Coca-Cola Bottling of Mobile

We posted in October 2015 about the EEOC filing suit against Coca-Cola Bottling of Mobile, asserting sex discrimination in violation of Title VII’s record retention provisions. The complaint alleged that in June 2010 Martina...more

Fourth Circuit Holds that Title IX Protects Transgender Student’s Right to Use Men’s Restroom Consistent With the Student's Gender...

The U.S. Court of Appeals for the Fourth Circuit holds that Title IX protects a transgender student’s right to use the restroom that aligns with the student’s gender identity. The Fourth Circuit has become the first...more

California Supreme Court Enforces Arbitration Agreement, Finding It Is Not Unconscionable

In this case, a former employee of a retail store appealed to the California Supreme Court seeking reversal of an appellate court decision which found that an arbitration agreement in her employment application was not...more

County Fair Farm Settles EEOC Class Sex Harassment and Retaliation Suit

Maine Farm Subjected Farmworkers to Abuse Since 2003, Federal Agency Charged - BOSTON - The federal district court in Portland, Maine has approved a consent decree resolving discrimination litigation brought by U.S....more

Miscarriage is a Disability

In a recent interim decision of the Ontario Human Rights Tribunal, adjudicator Jennifer Scott found that miscarriage could constitute a “disability”.  The door was also left open for employees terminated due to miscarriage to...more

Equal Pay for Equal Play – U.S. Women’s National Team Files Wage Discrimination Claim Against

Five members of the U.S. women’s national soccer team, including stars Carli Lloyd, Hope Solo and Alex Morgan, filed a complaint at the Equal Employment Opportunity Commission against the U.S. Soccer Federation alleging that...more

EEOC Files Lawsuits Alleging Sexual Orientation Discrimination Claims Against Private Sector Employers

The U.S. Equal Employment Opportunity Commission (EEOC) has filed two recent Title VII lawsuits in which it alleges that various private employers engaged in sexual orientation discrimination. Although sexual orientation is...more

Health Care Discrimination Litigation Gets a New Set of Teeth under the ACA: 2015 Litigation Review and Preview of 2016

Discrimination in health care was prohibited before the Affordable Care Act, but on a limited basis. Protected classes did not include sex; prohibitions excluded private physicians accepting Medicare Part B; and, most...more

Suit Seeks To Block N.C. “Bathroom Bill”

Of significance to employers, the bill, which was signed into law last Wednesday, eliminates the common-law cause of action for wrongful discharge based on “EEO” discrimination....more

Amendments to FEHA Regulations Effective April 1, 2016

On April 1, 2016, amendments to California’s Fair Employment and Housing Act (FEHA) regulations will become effective. While the amendments bring the regulations into compliance with various recent statutory changes and case...more

Mavis Discount Tire to Pay $2.1 Million to Settle EEOC Class Sex Discrimination Lawsuit

Tire Retailer Violated Federal Law by Systemically Refusing to Hire Women in Its Field Locations, Federal Agency Charged - Related Cases - NEW YORK - Mavis Discount Tire, Inc. / Mavis Tire Supply Corp. / Mavis Tire...more

N.C. “Bathroom Bill” Has A Bomb For Wrongful Discharge Plaintiffs

Big news for employees and employers in North Carolina — the General Assembly enacted a bill on Wednesday (signed by Gov. Pat McCrory (R) within hours) that was primarily intended to preempt a certain high-profile municipal...more

Fourth Circuit Ducks Transgender Discrimination Coverage Under Title VII

In recent months, the Equal Employment Opportunity Commission has stated its position that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation and gender identity or...more

Did You Know…New FEHA Regulations Take Effect April 1

The Fair Employment and Housing Council’s amendments to its Fair Employment and Housing Act (“FEHA”) Regulations take effect April 1, 2016. The amended regulations cover a wide range of topics.  Listed below are...more

Connecticut District Court Allows Transgender Discrimination Claim to Proceed Under Title VII & CFEPA

In an decision of first impression in Connecticut, a federal court on Friday ruled that a transgender discrimination claim based on a failure to hire can proceed under both Title VII and Connecticut’s counterpart,...more

The New California Regulations, Part II: The Transgender Workforce

The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the...more

Possible Amendment to New Jersey’s Anti-Discrimination Law Would Likely Mean More Claims, Greater Liability Risks, and Larger...

Earlier this week, the New Jersey General Assembly passed a bill that would amend the New Jersey Law Against Discrimination (“NJLAD”) to address specifically pay differentials among employees of different sexes who perform...more

Hostile Work Environments and Sexual Orientation: EEOC Files First Federal Suits

Normally in this space we write about court decisions that have already occurred and are likely to impact employers. This week, we focus on cases that have just been filed and could have far reaching implications. In a...more

New York District Court Holds Sexual Orientation Not Protected by Title VII

Last week, the Equal Employment Opportunity Commission ("EEOC") announced filing its first federal lawsuits against private-sector businesses, challenging sexual orientation discrimination as sex discrimination....more

Is Your Company Small? The EEOC Has A Little Fact Sheet That May Help.

The Equal Employment Opportunity Commission released a nice little “fact sheet” this week for small businesses, summarizing their obligations under the laws that the EEOC enforces. ...more

EEOC Sues Executive Management Services, Inc. for Sex Discrimination

Cleaning Services Provider Refused to Hire Qualified Male for Janitor Job Because of His Gender, Federal Agency Charged - CHARLOTTE, N.C. -- An Indiana-based corpora­tion that provides commercial cleaning, facility...more

Discrimination and Childcare Vouchers

The UK Employment Appeal Tribunal (“EAT”) held on 9 March 2016 in Peninsula Business Services Ltd v Donaldson that it was not unlawfully discriminatory for an employer to suspend the payment of childcare vouchers during...more

Female Lawyer With Republican Boss? Go Back To The Kitchen!

I don’t know what to make of the study, conducted by business professors from the University of Michigan and Temple University, that purports to find a negative correlation between political conservatism among some law firm...more

U.S. Department of Education to Publish List of Institutions Requesting Title IX Waivers

The U.S. Department of Education (the “Department of Education”) announced last week that it will publish a searchable database that lists the names of higher education institutions that have applied for and/or have received...more

EEOC Files First Lawsuits Alleging Sexual Orientation Discrimination Under Title VII

As we have reported in earlier posts, the U.S. Equal Employment Opportunity Commission (“EEOC”) has previously taken the position that discrimination on the basis of “sexual orientation” is prohibited under Title VII of the...more

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