News & Analysis as of

Ninth Circuit Allows Deputies to Proceed with Sex Discrimination Suit

Anderson v. City and County of San Francisco, No. 11-16746 (July 2, 2014): In a recent decision, the Ninth Circuit Court of Appeals held that the San Francisco Sheriff’s Department (SFSD) may have violated Title VII of the...more

Sex Stereotyping, Sexual Orientation Discrimination, And Federal Law – Crazy-Mixed-Up Right Now

The Employment Non-Discrimination Act is dead again, so there isn’t a federal law prohibiting discrimination based on sexual orientation. Is there any federal law on same-sex harassment or discrimination? If so, what is it?...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 48: Transgender Rights Under Title VII...

As Pride festivities celebrating the lesbian, gay, bisexual, and transgender (LGBT) culture occur this month in Los Angeles, San Francisco, San Diego and Sacramento, we take a look at the development of transgender...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 35: Title IX: We’ve Come a Long Way, Baby

For starters, you can’t refer to employees in the workplace as “baby” anymore. And for that, we can thank the enactment of a Title VII and Title IX. We’ve covered the enactment of Title VII here. Equally important was the...more

Where Title VII, electrical utility market, and Peter Rabbit meet

In 1902, Beatrix Potter published “The Tale of Peter Rabbit.” It was an unexpected success, and by the time she passed away, she had published 23 books and secured for herself both a handsome income and a place in the history...more

Think Third Party Harassment Can’t Harm You? Think Again

On April 29, 2014, the United States Court of Appeals for the Fourth Circuit’s ruling of Freeman v. Dal-Tile Corp., No. 13-1481, 2014 WL 1678422 (4th Cir. Apr. 29, 2014) addressed third-party harassment. The Court held...more

Bank of Albuquerque to Pay $230K to Settle EEOC Age and Sex Discrimination Lawsuit

Bank Fired Two Women Because of Age and Sex, Federal Agency Charged - ALBUQUERQUE, N.M. - BOK Financial Corporation, doing business as the Bank of Albuquerque, will pay $230,000 and furnish other relief to settle an...more

Florida Supreme Court Decides that Florida Civil Rights Act Prohibits Pregnancy Discrimination

On April 17, 2014, the Florida Supreme Court resolved a certified conflict between two of Florida’s district courts of appeal, to hold that the Florida Civil Rights Act (FCRA) prohibits pregnancy discrimination. To read the...more

“Wailing and Cussing and Screaming and Hollering”—A “Singular Incident” or a Hostile Work Environment?

The Eighth Circuit Court of Appeals recently rejected the sex discrimination, hostile work environment, constructive discharge, and retaliation claims that a graphic designer brought against her employer and two of her...more

JPMorgan Chase Will Pay $1,450,000 to Resolve EEOC Class Sex Discrimination Lawsuit

Female Mortgage Bankers in Columbus, Ohio Were Subjected to Sex-Based Harassment And Denied Lucrative Sales Opportunities, Federal Agency Charged - CLEVELAND - Financial giant JPMorgan Chase will pay $1,450,000 and...more

"Does Leaning In Make Legal Sense for Employers? Definitely."

With employment discrimination charges at a 15-year high, employers are seeing a particular increase in claims brought by workers who are pregnant or caring for young children or aging parents. A 2010 report by the Center for...more

Sixth Circuit Affirms Summary Judgment Dismissing Plaintiff’s Wage Discrimination Claims

The Sixth Circuit recently upheld a district court’s grant of summary judgment dismissing a female plaintiff’s wage discrimination claims under the Equal Pay Act (“EPA”), Title VII, and Michigan’s Elliot-Larsen Civil Rights...more

EEOC Cut Short for Shortcutting Path to Court – Again

Last week, the EEOC suffered another major loss when a New York district court found that the EEOC once again shirked its pre-litigation obligations under Title VII. In EEOC v. Bloomberg, L.P., No. 1:07-cv-08383-LAP...more

Six Lessons for Franchisors on Avoiding Liability Under Title VII

Restaurant franchisor Buffalo Wild Wings, Inc. (BWW) and Buffalo Wild Wings International Inc. were sued in Arizona's federal district court on charges of Title VII violations....more

EEOC Sues Checkers for Pay Discrimination

Restaurant Chain Paid Female Managers and Cashiers Less Than Males, Federal Agency Says - PHILADELPHIA -- Market Burgers, L.L.C., doing business as Checkers, a fast food restaurant chain, violated federal law by paying...more

Utah Employment Law Letter - August 2013: Sex Discrimination Unwelcome Labor Pains: Pregnancy Discrimination Under Title VII

When it was originally passed, Title VII of the Civil Rights Act of 1964 did not prohibit pregnancy-related discrimination. That changed when the Pregnancy Discrimination Act (PDA) was enacted as an amendment to Title VII in...more

Lactation and Breast-Feeding Are “Pregnancy Related Conditions” Protected Under Title VII

In EEOC v. Houston Funding II, Ltd., the Fifth Circuit issued a landmark decision finding that terminating a female employee because she is lactating or expressing milk is unlawful sex discrimination under Title VII of the...more

Breast-Pump Discrimination is Title VII Sex Based Discrimination

Recently, the Fifth Circuit held that discharging a female employee because she is lactating or expressing breast milk constitutes sex discrimination in violation of Title VII....more

Employment Law -- Jul 30, 2013

In NYC It Pays To Be Sick - Beginning next year, employees in New York City will be entitled to paid sick leave pursuant to a new, somewhat complex statutory scheme. ...more

Help at Home, Inc. to Pay $302,500 to Settle EEOC Lawsuit Charging Sexual Harassment, Retaliation

Company Terminated Three Women When They Complained of Sexual Harassment by Their Female Manager, Federal Agency Charged - ST. LOUIS - Help at Home, Inc., a Chicago-based home healthcare provider that also does...more

Ultra Foods Sued by EEOC for Sex Discrimination

Retail Grocer Denied Jobs to Class of Women, Federal Agency Charges - MERRILLVILLE, Ind. - A Northern Indiana grocer unlawfully refused to hire a class of women to night shift stocking jobs because of their sex,...more

Yes, You Can Fire An Employee Because She Is Hot, Iowa Supreme Court Affirms

Last year we reported on the Iowa Supreme Court's decision in Nelson v. James H. Knight, DDS (Iowa, December 21, 2012), in which the court held that a dental practice did not discriminate against a female assistant by...more

EEOC Sues Extended Stay Hotels for Pay Discrimination Based on Sex

Hotel Paid Women Less Than Male Employees, Federal Agency Charges - BALTIMORE - A leading hotel chain, Extended Stay Hotels, unlawfully paid female employees lower wages than those paid to male employees for performing...more

Illini Precast Agrees to Consent Decree in Sex Discrimination Case Brought by EEOC

Manufacturer Refused to Hire Women as Temporary Workers, Federal Agency Charged - CHICAGO - Federal District Judge Milton Shadur has entered a consent decree resolving a sex hiring lawsuit brought by the U.S. Equal...more

SelectCare Benefits Network Sued by EEOC for Same-Sex Sexual Harassment and Retaliation

Female Patient Advocate Was Subjected to Sexual Harassment by Female Supervisor, Retaliated Against for Complaining, Federal Agency Charged - AUSTIN, Texas - SelectCare Benefits Network, Inc., an Austin-based broker of...more

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