News & Analysis as of

Transgender Hiring & Firing

Seventh Circuit Rules Title VII Bars Sexual Orientation Discrimination, Creating Circuit Split and Setting Stage for Likely...

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

The 7th Circuit's Landmark Anti-Gay Discrimination Ruling

by Payne & Fears on

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

Circuit Split on Sexual Orientation Discrimination

Earlier this week, the U.S. Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that workplace discrimination on the basis of sexual orientation is unlawful under Title VII of the Civil...more

Can Employers Discriminate Against Employees Based on Sexual Orientation? No, According to this Key Court

by Zuckerman Spaeder LLP on

Federal law—specifically, Title VII of the Civil Rights Act of 1964—prohibits employers from discriminating against employees based on a number of protected characteristics, including sex, race, national origin, and...more

The California Edition of the Employment & Labor Newsletter - April 2017

by Wilson Elser on

Exceptions to California’s “Going and Coming” Rule - In Lynn v. Tatitlek Support Services, Inc., E063585, Super.Ct.No. CIVBS1200525, 2/22/17, the plaintiffs appealed a summary judgment at the California Court of Appeal...more

Federal Appeals Court Rules Sexual Orientation Is Protected Class

In a significant decision that expands the rights of employees, the U.S. Court of Appeals for the Seventh Circuit ruled on April 4, 2017 that discrimination on the basis of sexual orientation is a form of sex discrimination...more

Seventh Circuit Becomes First Federal Court of Appeals to Hold That Sexual Orientation Discrimination Is Prohibited Under Title...

In an 8-3 en banc decision in Hively v. Ivy Tech Community College of Indiana, the Seventh Circuit has held that discrimination based on sexual orientation is a form of sex discrimination under Title VII. In so holding, the...more

Landmark Appeals Court Ruling Extends Title VII Protections To LGBT Employees

by Fisher Phillips on

Groundbreaking Decision Could Lead Other Federal Courts To Follow Suit - This week, the 7th Circuit Court of Appeals became the first federal court of appeals in the nation to rule that sexual orientation claims are...more

Second and Eleventh Circuits Rule They are Bound by Prior Precedent that Title VII Does Not Prohibit Sexual Orientation...

by FordHarrison on

As these authors have previously reported, several cases analyzing whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964 have been winding their way through the courts. ...more

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

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

Despite New Administration, EEOC Maintains Position that Title VII Prohibits Gender Identity Discrimination

by Seyfarth Shaw LLP on

Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity. In EEOC v. R.G....more

2016 California Employment Law Year In Review

In 2016 employers in California had to adjust to compensation and benefits related changes such as a new state minimum wage, a new method of calculating compensation for “piece-rate employees,” and expanded “kin care”...more

Employment Law Navigator – Week in Review: February 2017 #4

by Zelle LLP on

Last week, the administration rescinded Obama-era federal guidelines interpreting federal anti-discrimination laws to require schools to allow transgender students to use bathrooms corresponding with their gender identity....more

Annual Report on EEOC Developments – Fiscal Year 2016

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Best in Law: California Employers Have New Rules to Follow — Effective Now

by Best Best & Krieger LLP on

Each New Year typically brings a slew of new laws that affect employers – and 2017 is no exception. Many of these new laws took effect on Jan. 1, so employers must now be in compliance. If not, you must take immediate steps...more

Comprehensive Massachusetts Employment Law Guide

by Locke Lord LLP on

Drafting Employment Applications in Massachusetts - Massachusetts Job Application Requirements - Several Massachusetts laws govern the information that employers must include in their written job applications....more

Employment Law Navigator – Week in Review: December 2016 #3

by Zelle LLP on

Last week, the EEOC issued a publication on the rights of job applicants and employees with mental health conditions, along with a companion document addressing the mental health provider’s role in reasonable accommodations...more

Courts are Trending Toward Prohibiting Sexual Orientation Discrimination under Federal Law

by Franczek Radelet P.C. on

Two recent court decisions highlight the ongoing struggle by federal courts to determine whether Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation....more

The Election is Over, Now What?

Now that the election is over, many clients and friends are asking what labor and employment law might look like under the soon to be President Trump. Of course, no one can predict exactly what will happen in the coming term....more

Employment Newsletter - Fall 2016

by Reminger Co., LPA on

Over the last five years, members of the LGBTQ community have had much to celebrate as traditional barriers to equality have been knocked down one-by- one by the federal government. In 2010, the Patient Protection and...more

Takeaways from the EEOC’s Loss of Noteworthy Transgender Rights Case

by Akerman LLP - HR Defense on

Since the EEOC first ruled in 2012 that discrimination based on transgender status constitutes sex discrimination in violation of Title VII, the EEOC has continued to expand protections for transgender employees, finding that...more

Transgender Claim Meets Dress Code

by Sherman & Howard L.L.C. on

The worlds of transgender versus religious rights collided hard recently when an EEOC action on behalf of a discharged transgender worker ran full force into a Religious Freedom Restoration Act (“RFRA”) defense, and the EEOC...more

Court Dismisses on Religious Freedom Grounds EEOC’s Title VII Suit on Behalf of Fired Transgender Employee

by Jackson Lewis P.C. on

Finding the Equal Employment Opportunity Commission failed to accommodate the religious beliefs of a funeral home’s owner who fired a transgender employee under the Religious Freedom Restoration Act, a federal district court...more

Employment Law Navigator – Week in Review: August 2016 #4

by Zelle LLP on

Last week, a federal judge dismissed a transgender discrimination lawsuit brought by the EEOC, citing the company owner’s religious beliefs and the Religious Freedom Restoration Act. The case involved the termination of a...more

EEOC Loses Landmark Transgender Discrimination Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In one of the first two ever transgender discrimination cases brought by the EEOC, a federal court in Michigan granted the employer’s motion for summary judgment, finding the employer met its burden in...more

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