News & Analysis as of

2014 EEOC Year In Review: Lots Of Action, Mixed Results

2014 has been a notable year for the U.S. Equal Employment Opportunity Commission. The agency has initiated historic litigation, issued significant new guidance and signaled increased scrutiny of background checks and...more

Transgender Employees: The New Protected Category?

By now, most employers are familiar with the list of categories protected from employment discrimination under Title VII of the Civil Rights Act: race, color, religion, national origin and sex. Additional categories are...more

Federal Government Discriminates Against Transgender Employee

The U.S. Office of Special Counsel recently announced that a federal government agency violated Title VII of the Civil Rights Act of 1964 by discriminating against an employee who transitioned from male to female in 2010....more

Lawsuits Are On The Rise. Are You Covered?

On September 25, 2014, the Equal Employment Opportunity Commission (“EEOC”) filed the first two suits in its history challenging transgender discrimination under the 1964 Civil Rights Act. As discrimination litigation...more

Employment Law - Oct 2014 #2

EEOC Sues Over Transgender Discrimination - Why it matters: In its first cases alleging bias against transgender employees, the Equal Employment Opportunity Commission has filed suit against a Florida eye clinic and a...more

EEOC’s Transgender Claims Gain Momentum

The Equal Employment Opportunity Commission (EEOC) made history recently by filing its first lawsuits alleging sex discrimination against transgender individuals. The EEOC says Michigan-based RG & GR Harris Funeral...more

Labor & Employment E-Note - October 2014

In this Issue: - High Court Considers If Workers Waiting in Line Should Get Paid - Some States Putting Minimum Wage Battle on Ballot - U.S. Labor Department Promoting Paid Maternity Leave - EEOC...more

EEOC Sues Two Employers for Terminating Transgendered Employees

Last week, the Equal Employment Opportunity Commission filed two potentially landmark lawsuits against employers accused of terminating employees undergoing gender reassignment procedures. The EEOC alleges that the...more

EEOC Files Historic Transgender Discrimination Lawsuits As Societal Focus on Transgender Rights Grows

If you’re an Amazon Prime member or you’ve shopped online at Amazon lately, you’ve probably heard that Amazon launched a new TV series last week, "Transparent," about a 70 year old divorced father who announces to his...more

EEOC Trying to Change the “Status” for Transgendered Employees

On September 25, 2014, the EEOC filed lawsuits in Florida and Michigan accusing employers of discriminating against transgendered employees. These are the first two cases ever filed seeking to protect transgender workers...more

BREAKING: EEOC files first transgender suits against private employers

Bloomberg BNA reports this afternoon that the Equal Employment Opportunity Commission filed two transgender discrimination lawsuits yesterday, the agency’s first ever against private-sector employers. One is against a...more

EEOC Sues Lakeland Eye Clinic for Sex Discrimination Against Transgender Employee

Lawsuit Is One of Two the Agency Filed Today - the First Suits in Its History - Challenging Transgender Discrimination Under 1964 Civil Rights Act - TAMPA, Fla. - Lakeland Eye Clinic, a Lakeland, Fla.-based...more

EEOC Sues Detroit Funeral Home Chain for Sex Discrimination Against Transgender Employee

Lawsuit Is One of Two the Agency Filed Today - the First Suits in Its History - Challenging Transgender Discrimination Under 1964 Civil Rights Act - DETROIT- Detroit-based R.G. & G.R. Harris Funeral Homes, Inc....more

OFCCP Joins EEOC in Holding That Gender Identity/Transgender Discrimination is Sex Discrimination Under Title VII

The Office of Federal Contract Compliance Programs (OFCCP) issued a Directive on Gender Identity and Sex Discrimination (DIR 2014-02), announcing that it will follow the EEOC and investigate claims of gender identity...more

Let’s Talk About Sex: U.S. Department of Labor Targets Transgender & Gender Identity Discrimination

On Tuesday, August 19, 2014, the U.S. Department of Labor issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex... includes discrimination on the bases of gender identity and...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

Labor & Employment E-Note - October 10, 2013

In This Issue: - High Court Takes on Number of Workplace Dispute Cases - Government Shutdown Creates Delays at Labor Department, NLRB - E-Verify Suspension Leaves Employers Concerned Over Hiring - Judge Again...more

Title VII Does Not Cover Sexual Orientation...Or Does It?

From the time I began practicing employment law many (too many) years ago, and probably for longer than that, we employment types have been quite comfortable in advising our clients that Title VII does not cover sexual...more

Rapid City Market to Pay $50,000 to Settle EEOC Finding of Discrimination Against Transgender Employee

Well-Performing Employee Fired Because of Gender Identity, Agency Charged - MINNEAPOLIS -- In a conciliation agreement with the U.S. Equal Employment Opportunity Commission (EEOC), a Rapid City, S.D., supermarket owner...more

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