DE Under 3: EEOC & DOJ Technical Guidance for Employer’s AI Use; Upcoming EEOC Hearing; Event for Mental Health in the Workplace
Episode 24: Corporate Oppression Doctrine Meets Sex Discrimination: A Conversation with Professor Meredith Miller
College Esports Programs: What You Need To Know
Framing the American Past to Better Understand Women and Gender History with UC Davis Professors Ellen Hartigan -O’Conner and Lisa Materson: On Record PR
#WorkforceWednesday: Justice Ruth Bader Ginsburg Leaves Behind a Legacy - Employment Law This Week®
#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
This Week in FCPA-Episode 142 - the What’s in Your Supply Chain? edition
Investigating Harassment Claims
Episode 25: EEOC Commissioner Chai Feldblum Part II: Other Emerging EEOC Trends + Takeaways
Episode 24: EEOC Commissioner Chai Feldblum Part I: Employers' "Superstar Harassment" Problem
I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez
Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez
Stealth Lawyer: Clare Dalton, Acupuncturist
Employees in Louisiana, Mississippi, and Texas can now state a Title VII disparate-treatment claim if they plead discrimination in hiring, firing, compensation, or the “terms, conditions, or privileges of employment.” An...more
On August 18, 2023, the U.S. Court of Appeals for the Fifth Circuit expanded the types of employment actions that may constitute “adverse employment action” under Title VII in Hamilton v. Dallas Cnty., 5th Cir. en banc. No....more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more
This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more
Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) - Summary: Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity....more
Frlekin v. Apple, Inc., -- Cal. -- (2020) - Summary: The time employees spent on Apple’s premises waiting for and undergoing a mandatory exit search of personal belongings was compensable as “hours worked” under Wage...more
In Wittmer v. Phillips 66, Judge James Ho of the Fifth Circuit wasted no time stating the Fifth Circuit’s position on whether sexual orientation or transgender status are protected classes under Title VII – they are not....more
This month’s key employment law cases address nonsolicitation provisions and arbitration agreements. AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923, 239 Cal. Rptr. 3d 577 (2018) Summary:...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more
In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the latest developments in Title VII. We will discuss the two recent circuit court decisions concerning the scope of sex...more
On February 1, 2018, the Michigan Court of Appeals issued an opinion which offers employers guidance regarding ways to document the reasoning behind hiring, promotion, and termination decisions to overcome allegations of...more
On March 7, 2018, the United States Court of Appeals for the Sixth Circuit reversed the dismissal of a gender identity discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC) against a Michigan...more
Employers beware: An employee does not have to use “magic words” to complain about discrimination for it to lay the basis for a retaliation claim. The Sixth Circuit made this point in a unanimous opinion in the case of Mumm...more
On February 26, 2018, the Federal appellate court covering New York State ruled that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their sexual orientation. The case is Zarda v....more
Courts have disagreed on whether an employer discriminating against an employee based upon their sexual orientation violates federal anti-discrimination laws. Yesterday’s ruling by a New York federal appeals court means this...more
Executive Summary: Overruling prior circuit precedent, the full U.S. Court of Appeals for the Second Circuit held yesterday that sexual orientation discrimination is a subset of sex discrimination under Title VII. ...more
Another federal court of appeals decided today that Title VII covers claims of sexual orientation discrimination, continuing the evolution of workplace discrimination law that has begun to sweep over the country in recent...more
On October 24, 2017, the Court of Appeals for the Western District of Missouri issued an opinion affirming that sex stereotyping is a form of gender discrimination that is actionable under the Missouri Human Rights Act...more
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
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
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. Title VII has been supplemented via legislative action to also prohibit discrimination due to...more
In a landmark en banc decision rejecting its earlier panel ruling, the U.S. Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that Title VII of the 1964 Civil Rights Act prohibits...more
On April 4, 2017, an en banc decision in Hively v. Ivy Tech Community College, the Seventh Circuit became the first federal Court of Appeals to hold that Title VII of the Civil Rights Act of 1964 prohibits discrimination on...more