News & Analysis as of September 20, 2024

Transgender

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Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions. less -

Reminder to Employers: Transgender Employees may be Entitled to Reasonable Accommodation under the Americans with Disabilities Act

Nilan Johnson Lewis PA on 1/11/2024

A recent Statement of Interest filed earlier this week by the Department of Justice in a federal prisoner lawsuit in the United States District Court for the Northern District of Georgia should serve as an important reminder...more

UPDATE: When Does a Requested Religious Accommodation Pose an Undue Hardship?

Laner Muchin, Ltd. on 5/23/2023

In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the standards for balancing an employee’s religious accommodation request against the potential undue hardship that such a request may impose...more

Gender Dysphoria and the ADA: What it Means for Employers

Rumberger | Kirk on 8/24/2022

On August 16, 2022, a Fourth Circuit panel for the United States Court of Appeals ruled in Williams v. Kincaid that gender dysphoria qualifies as one of the disabilities listed under the Americans with Disabilities Act (ADA)....more

Accommodation Under Title VII of a Public School Teacher’s Religious Belief Created an Undue Hardship in Educating Transgender...

Clark Hill PLC on 7/27/2021

Recently, the United States Federal District Court, Southern District of Indiana (Indianapolis Division) awarded summary judgment in favor of a public school district, dismissing a former teacher’s Title VII claim, 42 U.S.C....more

What’s In A name?: Federal Court In Indiana Dismisses Teacher’s Religious Discrimination Over The Use Of Students’ Preferred Names

Husch Blackwell LLP on 7/23/2021

John Kluge, a former music and orchestra teacher at Brownsburg Community School Corporation (“BCSC”) allegedly was forced to resign after refusing to refer to transgender students by the names selected by the students, their...more

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

Fisher Phillips on 8/5/2020

You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

Jury Okays Firing Transgender Employee for Negative Glassdoor Review

Obermayer Rebmann Maxwell & Hippel LLP on 11/1/2018

On October 29, 2018, a San Francisco federal jury unanimously found that a Silicon Valley tech company did not commit unlawful retaliation by firing a transgender employee who accused the company of discrimination in a...more

Employment Law - November 2017 #2

Manatt, Phelps & Phillips, LLP on 11/17/2017

California Court Tosses Arbitration Agreement ‘Permeated’ by Unconscionability - Why it matters - Concluding that an arbitration agreement was both substantively and procedurally unconscionable, a California appellate...more

Best practices for employers under the EEOC’s new strategic enforcement plan

McAfee & Taft on 6/28/2017

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

March A-Wear-Ness: Uniforms, Dress Codes, and Employee Choice

Mintz - Employment Viewpoints on 4/4/2017

The basketball court isn’t the only place you’ll see interesting uniforms this month. Many employers choose to implement and enforce their own uniform requirements and dress codes at work. But if done incorrectly, uniforms...more

What Employers Can Expect From The Trump Administration

Franczek P.C. on 11/15/2016

Like the rest of the country, employers and HR professionals are left wondering what Donald Trump’s unexpected election as President means for the country. The Trump campaign was often light on detailed policy proposals, but...more

New EEOC and OFCCP Guidance Highlight DOL Focus on Gender Discrimination

Stinson LLP on 6/23/2016

In connection with last week's United State of Women Summit, the Office of Federal Contract Compliance Programs (OFCCP) and the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance on sex...more

No More Mad Men: The OFCCP Leaves its Bell Bottoms Behind and Moves into the 21st Century

Bradley Arant Boult Cummings LLP on 6/22/2016

Not since the 1970s has the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) amended its Sex Discrimination Guidelines for federal contractors. With the newly issued final rule effective...more

Final Gender Discrimination Rule for Federal Contractors Issued

Morgan Lewis on 6/21/2016

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

OFCCP’s New Sex Discrimination Regulations Bring Few New Requirements But Highlight Need for Contractors to Revisit Policies and...

Orrick - Employment Law and Litigation on 6/20/2016

On June 14, 2016, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) unveiled its final sex discrimination guidelines governing covered federal contractors. The OFCCP proposed changes to...more