Not a typo.
In May, I posted that the Michigan Civil Rights Commission had decided to interpret the state civil rights law in a way that would protect people who were discriminated against based on sexual orientation and...more
Another federal appeals court will soon decide whether Title VII prohibits sexual orientation discrimination.
Right now, we have three U.S. appeals court decisions directly addressing whether the Title VII ban on sex...more
The employer in the "gay skydiver case" has reportedly asked for Supreme Court review.
According to Law360 and Equality Case Files (a non-profit organization that tracks litigation involving LGBT rights), the employer in...more
The state Civil Rights Commission broadens its interpretation of "sex discrimination."
The Michigan Civil Rights Commission voted on Monday to interpret the state's civil rights statute, the Elliott-Larsen Civil Rights Act,...more
Let's look at the arguments, pro and con, that the Supreme Court is likely to hear someday.
As I reported briefly on Monday, the U.S. Court of Appeals for the Second Circuit has decided in Zarda v. Altitude Express (aka "the...more
Interesting.
The National Labor Relations Board has vacated the decision of an administrative law judge on the ground that his credibility determinations "were based on sex stereotypes and demonstrated bias."
The charging...more
On Wednesday, Sens. Kirsten Gillebrand (D-NY) and Lindsey Graham (R-SC) introduced the Ending Forced Arbitration of Sexual Harassment Act. The legislation has bipartisan support, although it's not clear yet how much.
...more
Asserting that the U.S. Department of Justice “must interpret Title VII as written by Congress,” the DOJ is reversing the Obama-era interpretation of Title VII, taking the position that Title VII does not prohibit...more
Father, you kiss your mother with that mouth?
The recent dismissal of a lawsuit in New York — involving a priest who is principal at a Catholic high school — illustrates why an (alleged) “equal opportunity offender” is...more
In February 2016, the Office of Federal Contract Compliance Programs filed an administrative complaint against B&H Foto, the largest non-chain photo and video equipment store in the United States. The Complaint alleged that...more
Last week, I had a short post about the position taken by the U.S. Department of Justice in the Zarda v. Altitude Express “gay skydiver” case.
The DOJ has directly opposed the Equal Employment Opportunity Commission, which...more
As we reported early this morning, the full U.S. Court of Appeals for the Seventh Circuit decided in Hively v. Ivy Tech Community College of Indiana that the prohibition in Title VII against discrimination based on “sex”...more
The full U.S. Court of Appeals for the Seventh Circuit ruled yesterday that sexual orientation discrimination is indeed prohibited “sex discrimination” within the meaning of Title
The decision was issued in the case of...more
This latest decision from the U.S. Court of Appeals for the Eleventh Circuit on sexual orientation discrimination is weird. A panel of the court found 2-1 in Evans v. Georgia Regional Hospital that the plaintiff did not have...more
Feeling whipsawed?
Last summer, I reported on the Hively v. Ivy Tech decision, in which a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that discrimination based on sexual orientation is not...more
How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most.
Affirmative Action/OFCCP Compliance Will...more
11/10/2016
/ EEO-1 ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
LGBTQ ,
OFCCP ,
Paid Leave ,
Pay Transparency ,
Section 503 ,
Sex Discrimination ,
Sick Leave ,
TRICARE ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
As I’ve previously reported, the Equal Employment Opportunity Commission has filed two lawsuits alleging that employers discriminated against employees based on sexual orientation, which the Commission says is prohibited by...more
The Equal Employment Opportunity Commission has published a new Fact Sheet on LGBT discrimination that employers will find helpful. As I’ve reported before here and here, the agency is taking an aggressive position regarding...more
Of significance to employers, the bill, which was signed into law last Wednesday, eliminates the common-law cause of action for wrongful discharge based on “EEO” discrimination....more
Big news for employees and employers in North Carolina — the General Assembly enacted a bill on Wednesday (signed by Gov. Pat McCrory (R) within hours) that was primarily intended to preempt a certain high-profile municipal...more
The Equal Employment Opportunity Commission released a nice little “fact sheet” this week for small businesses, summarizing their obligations under the laws that the EEOC enforces. ...more
I don’t know what to make of the study, conducted by business professors from the University of Michigan and Temple University, that purports to find a negative correlation between political conservatism among some law firm...more
The Equal Employment Opportunity Commission filed today two lawsuits contending that employers’ alleged discrimination and harassment based on sexual orientation violates the Title VII ban on sex discrimination. One suit was...more
The Equal Employment Opportunity Commission filed a “friend of the court” brief in a sexual orientation discrimination appeal, arguing that sexual orientation discrimination is “sex discrimination” prohibited by Title VII....more
Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference....more
10/30/2015
/ Americans with Disabilities Act (ADA) ,
Background Checks ,
Conciliation ,
Criminal Background Checks ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Hiring & Firing ,
Immigrants ,
LGBTQ ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Retaliation ,
Sex Discrimination