News & Analysis as of

Sex Discrimination Hiring & Firing

Ongoing Debate Over Scope Of Workplace Bias Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 5, 2017, U.S. Attorney General Jeff Sessions issued an agency memorandum stating that the language contained in Title VII of the Civil Rights Act of 1964, “does not prohibit discrimination based...more

DOJ Reverses Course—Title VII Does Not Cover Gender Identity

by Blank Rome LLP on

On October 5, 2017, Attorney General Jeff Sessions reversed the Department of Justice’s (“DOJ”) stance that gender identity is protected as part of the prohibition against “sex” discrimination in Title VII of the Civil Rights...more

The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more

Employers Need Not Hire “Most Qualified” Candidate, Says Court

by Shipman & Goodwin LLP on

An applicant for a job posting in education lists his most recent relevant experience as occurring in 1973. You don’t bring him in for an interview. Is it gender discrimination?...more

Gender Identity Discrimination – Prohibited or Not?

by Akerman LLP - HR Defense on

Still confused as to where the Trump administration stands on whether Title VII prohibits discrimination based on gender identity? Attorney General Jeff Sessions’ recent announcement should clarify that for you. So what’s an...more

Is Gender Identity a Protected Class?

by LeClairRyan on

The Obama era Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) would have said, “YES.” Recently, the Trump Administration’s DOJ answered that question with a “NO,” reversing the federal...more

Attorney General Reverses DOJ Policy On Protection Of Transgender Employees Under Title VII

by Bowditch & Dewey on

On October 4, Attorney General Jeff Sessions issued a memorandum to all U.S. Attorneys announcing a new Department of Justice policy that Title VII of the Civil Rights Act of 1964 does not protect employees from...more

First Tower Loan Settles EEOC Sex Discrimination Suit

Financial Loan Company Terminated Employee Because of His Transgender Status, Federal Agency Charged - NEW ORLEANS - First Tower Loan, LLC, a financial loan company based in Flowood, Miss., agreed to settle a sex...more

What Does Attorney General’s Memo on Transgender Rights Mean for Employers?

LGBTQ workplace rights is perhaps the most rapidly evolving area in employment law. On October 4, 2017, United States Attorney General Jeff Sessions formally weighed in on the topic. He issued a memorandum to all federal...more

EEOC Sues for Transgender Discrimination

by Ruder Ware on

Recent action by the Equal Employment Opportunity Commission has raised the specter of whether transgender persons are considered protected under the federal discrimination laws. The EEOC has sued a company in Denver that...more

Alberta Human Rights Tribunal reminds employers to consider accommodation of job applicants

by DLA Piper on

The Alberta Human Rights Tribunal decision in Nolting v 847012 Alberta Ltd. o/a Prime West Contracting (the “Decision”) serves as an important reminder to employers to carefully consider accommodation options, and where...more

Attorney General Nixes Title VII Gender I.D. Protection

by Sherman & Howard L.L.C. on

Attorney General Jeff Sessions informed U.S. Attorneys and federal agencies on Wednesday that Title VII does not protect gender identity as a status. Noting that the position was a “conclusion of law, not policy,” Sessions...more

Department of Justice Weighs In: Title VII Does Not Prohibit Gender Identity Discrimination

by FordHarrison on

Whether Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation, gender identity, transgender status and/or gender expression remains a heated debate in the courts and between...more

Title VII Does Not Ban Gender Identity Discrimination, DOJ Says

Asserting that the U.S. Department of Justice “must interpret Title VII as written by Congress,” the DOJ is reversing the Obama-era interpretation of Title VII, taking the position that Title VII does not prohibit...more

Heads You Win, Tails You Lose: Government on Both Sides of the LGBT Protections Debate

Recently, much has been made about the government’s conflicting positions regarding whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964. The EEOC (“Equal Employment Opportunity Commission”)...more

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

by Franczek Radelet P.C. on

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

EEOC Sues ACF And BJ’s For Sex Harassment, Retaliation

Seafood Processor and Staffing Firm Maintained Hostile Work Environment Based on Sex, Federal Agency Charges - BOSTON - Atlantic Capes Fisheries, Inc. (ACF) and BJ's Service Company, Inc. violated federal law by...more

Tick, Tock….The EEOC Runs Out The Clock – Fiscal Year 2017 Marks A Last Minute Return To Frantic Filing

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...more

R Wings R Wild/Buffalo Wild Wings Sued By EEOC For Sex Discrimination

Company Refused to Hire Male Applicants for Bartender Positions Because of Sex, Agency Charges - LITTLE ROCK, Ark. - R Wings R Wild, LLC, dba Buffalo Wild Wings in Little Rock, Ark., violated federal law when it refused to...more

Constructive dismissal based on breach of the sex equality clause does not amount to sex discrimination

by Dentons on

The case of BMC Software Ltd v. Shaikh UKEAT/0092/16 has held that while breach of a "sex equality clause" can constitute a constructive dismissal, this cannot then form the basis of a sex discrimination claim. This has an...more

European Labour & Employment Update - September 2017

by Jones Day on

In this edition, we report from around Europe on some interesting case law developments that affect the way employers manage their employees. The range of issues covered shows that, despite the breadth of directives issued by...more

The Bubbler: September 2017

What is happening in employment law? We will be providing you with quick employment law updates on a bi-monthly basis in a new series called “The Bubbler.” It will let you know what’s what and who’s who in the...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

EEOC Sues Candid Lithio for Sex Discrimination, Harassment, and Retaliation

Female Employee Subjected to Sex Discrimination and Discharged Along with Co-Workers Associated with Her, Federal Agency Charges - LAS VEGAS - Candid Lithio, a creative design services company violated federal law when...more

Massachusetts Expands Employers' Obligations To Accommodate Pregnant Employees

On July 27, Governor Charlie Baker signed into law the Massachusetts Pregnant Workers Fairness Act. The Pregnant Workers Act (1) requires Massachusetts employers to provide pregnant women and new mothers with “reasonable...more

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