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U.S. Supreme Court: Title VII Protects Gay and Transgender Employees

On June 15, 2020, by a vote of 6-3, the U.S. Supreme Court held that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. Prior to the court’s historic...more

Hyper-Technical Interpretation: 9th Circuit Increases FCRA Reach

On Jan. 29, 2019, the 9th U.S. Circuit Court of Appeals, in a strikingly broad decision, raised the bar for employers’ compliance with the Fair Credit Reporting Act (FCRA). In Gilberg v. California Check Cashing Stores, LLC,...more

Two Courts of Appeals Reject Arbitration Agreements Post-Epic

The U.S. Supreme Court’s May 21, 2018, decision in Epic Systems, Inc. v. Lewis handed a major victory to employers in holding that arbitration agreements containing class action waivers do not violate the National Labor...more

California Supreme Court Adopts “ABC Test” to Evaluate Independent Contractor Status

On April 30, 2018, the California Supreme Court issued a long-awaited opinion in Dynamex Operations West, Inc. v. Superior Court, clarifying the legal standard for distinguishing between employees and independent contractors....more

2nd Circuit Agrees With 7th: Sexual Orientation Discrimination Is Sex Discrimination

The 7th U.S. Circuit Court of Appeals, in deciding Hively v. Ivy Tech Community College on April 4, 2017, became the first federal appellate court to conclude that Title VII of the Civil Rights Act of 1964 prohibits workplace...more

Big Apple Bars Employers from Asking about a Job Applicant’s “Salary History”

The New York City Council passed a law on April 5 prohibiting employers from inquiring about or relying on a job applicant’s current or prior wage, benefits or other compensation. The council’s action reflects an emerging...more

Sexual Orientation Discrimination Is Sex Discrimination

On April 4, 2017, the 7th U.S. Circuit Court of Appeals became the first federal appellate court to conclude that workplace discrimination based on sexual orientation is sex discrimination and violates Title VII of the Civil...more

What Businesses Need to Know About North Carolina’s Repeal of HB2, the ‘Bathroom Bill’

After just over a year of controversy — and lost corporate relocations, conferences and sporting events — the North Carolina General Assembly repealed North Carolina’s House Bill 2 (HB2) today, March 30. The new statute,...more

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