News & Analysis as of

Sexual Stereotyping

Stage is set for SCOTUS to rule on Title VII and sexual orientation

by Kirton McConkie PC on

DISCRIMINATION - Since the civil rights movement of the 1960s, state and fed­eral laws have been enacted to prohibit employment discrimi­nation against individuals on the basis of their race, ethnicity, age, disability,...more

Second Circuit Chief Judge Urges Reconsideration of Title VII's Prohibition Against Sexual Orientation Discrimination

Last week’s EmployNews reported an Eleventh Circuit Court of Appeals decision in which two of the three judges considering the case concluded that Title VII of the Civil Rights Act of 1964’s prohibition against sex...more

Federal Circuit Rules Sexual Orientation Covered Under Title VII

by Nilan Johnson Lewis PA on

In what could be labeled a landmark decision, a federal circuit court extended Price Waterhouse v. Hopkins to hold that, as a matter of law in every case, a claim of sexual orientation discrimination is a claim of sex...more

Second Circuit Finds Allegations of Gender Stereotyping Sufficient to Permit Claim to Move Forward

by Jackson Lewis P.C. on

In Christiansen v Omnicom Grp., Inc. (Docket No. 16-748), Plaintiff alleged that his supervisor drew a picture of him in tights and a low-cut shirt “prancing around,” and made a poster depicting plaintiff’s head attached to a...more

Second Circuit Addresses Title VII Sexual Orientation Claims And Leaves Door Ajar For Sex Stereotyping Claims

In a three-member panel decision in Christiansen v. Omnicom Group, Inc., the Second Circuit revived a homosexual employee’s claims under Title VII on the theory of sex discrimination based on sex stereotyping, but stopped...more

So – Are LGBTQ Rights Protected under Federal Employment Law or Not?

by Foley & Lardner LLP on

The most accurate answer to this question is, “it depends.” On March 10, 2017, the Eleventh Circuit Court of Appeals (covering Alabama, Georgia, and Florida) weighed in on LGBTQ protections – but the decision is not as...more

Update on Title VII and Sexual Orientation Discrimination

by PretiFlaherty on

Updating our previous post on this issue, the Eleventh Circuit Court of Appeals recently affirmed the dismissal of a complaint alleging sexual orientation discrimination under Title VII. In its 2-1 decision in Evans v....more

Seventh Circuit Invites Supreme Court to Make Sexual Orientation Discrimination Actionable Under Title VII

Bound by its own precedent, the Seventh Circuit Court of Appeals again held that Title VII of the Civil Rights Act of 1964 does not redress sexual orientation discrimination in Hively v. Ivy Tech Community College, (7th Cir....more

The EEOC’s Defeat In Detroit: Pants, Skirts, Gender Identity, And Religion

Last week, I reported that summary judgment was granted against the Equal Employment Opportunity Commission in its transgender discrimination lawsuit against R.G. and G.R. Harris Funeral Homes, linked to the decision (but...more

Seventh Circuit Holds That Title VII Does Not Cover Sexual Orientation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit has ruled that Title VII does not provide protection from discrimination on the basis of sexual orientation. However, the reasoning behind the Court’s ruling seems calculated to bring...more

Final Gender Discrimination Rule for Federal Contractors Issued

by Morgan Lewis on

Federal contractor healthcare plans, leave policies, accommodation practices, gender identity protections, and other employment practices to face increased scrutiny. For the first time in more than 40 years, the US...more

You'll Be OK, Governor, When Historians Ponder the Trump Phenomenon

by PretiFlaherty on

Prior to World War II in the United States of America, Italian immigrants were commonly referred to as Wops and Dagos, and if an Italian immigrant achieved notable success in business, his wealth was often attributed to...more

NJ High Court Declines to Review “Borgata Babes” Case, Effectively Doubling Down on Appellate Court’s Acceptance of Atlantic City...

The BorgataBabes Are Subject to Specific Personal Appearance Standards - The Borgata, which when it opened in 2003, marketed itself as Atlantic City’s first Las Vegas-style resort and distinguished itself in the...more

The Bathroom Dilemma in the News – Transgender Rights on the Front Page

by Kelley Drye & Warren LLP on

The front page of last Sunday’s New York Times ‘Styles’ section was almost entirely devoted to an article called “The Symbols of Change,” recounting how many public venues are converting from the traditional male/female...more

HHS’S New Anti-Discrimination Regulation Proposal Explained – Part 2

by Dickinson Wright on

This is the second part in a two-part series about the HHS’s proposed anti-discrimination regulations - Gender Identity. Another area addressed in the regulations is “gender identity,” which refers to an...more

Healthcare Legal News: Volume 5, Number 4: HHS’s New Anti-Discrimination Regulation Proposal, Explained

by Dickinson Wright on

In September, the Department of Health and Human Services (HHS) released proposed anti-discrimination regulations that, if adopted, change the playing field in which physicians and other healthcare providers practice. These...more

EEOC Rules that “Sex” Encompasses Sexual Orientation Under Title VII; Ruling Helpful to LGBT Employees, But Not an End to the...

In a sweeping decision, the U.S. Equal Employment Opportunity Commission found that Title VII prohibits sexual orientation-based discrimination. Although the statute does not explicitly include sexual orientation as a...more

Tenth Circuit Says Female Employee Who "Butted Heads" With Management Was Fired Based on Gender Stereotype

Title VII prohibits a number of different forms of sex discrimination in employment. Gender stereotyping claims have been a growing source of litigation, where plaintiffs allege that they were disciplined or terminated due to...more

New EEOC Report Examines Obstacles Facing Women in Federal Workplace

Six Impediments, Underlying Issues, Recommendations Identified by Work Group - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today issued a comprehensive report addressing major obstacles...more

Now is Not the Time to “Man Up”-- Gender Stereotyping Can Be Same-Sex Harassment

by Bracewell LLP on

Big Bob supervises an all-male make-ready crew. The team gets along well— they get their work done but have fun doing it. The guys banter throughout their shift, calling each other inappropriate names, telling dirty jokes,...more

Not Manly Enough? Fifth Circuit Recognizes Title VII Same-Sex, Gender-Stereotyping Discrimination

by Baker Donelson on

The Fifth Circuit recently became one of a growing number of courts to recognize same-sex, gender-stereotyping as a form of discrimination prohibited by Title VII. In September, the Court handed down its much-anticipated...more

“Locker Room” Talk In All-Male Workplace Sexual Harassment, Fifth Circuit Rules

by Hinshaw & Culbertson LLP on

In this space, we have reported recently on the series of rebuffs that the EEOC has received from various courts in recent months. But in EEOC v. Boh Brothers Construction Company, the Fifth Circuit Court of Appeals handed...more

Fifth Circuit Hands Win to EEOC in Same-Sex Harassment

by Baker Donelson on

The EEOC won a significant victory on September 30, 2013, as the United States Court of Appeals for the Fifth Circuit, sitting en banc, reinstated a jury verdict finding that the defendant, Boh Brothers Construction...more

"Boys will be Boys" A Risky Employment Policy

by Jackson Walker on

In a 10-6 decision following en banc review, the United States Court of Appeals for the Fifth Circuit recently decided, in Equal Employment Opportunity Commission v. Boh Brothers Construction Co. L.L.C., that an iron worker...more

Legal to Fire Female Employee for Being Irresistible?

by Baker Donelson on

The Iowa Supreme Court has recently withdrawn its December 21, 2012 opinion in the sex discrimination suit, Nelson v. Knight, and has declared that it will review the case....more

27 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!