News & Analysis as of

Appeals Gender Discrimination

Spilman Thomas & Battle, PLLC

WV Transgender School Athlete Successful in U.S.Court

On April 16, 2024, the U.S. Court of Appeals for the Fourth Circuit determined that because West Virginia law and practice have long provided for sex-differentiated sports teams, the sole purpose of the West Virginia "Save...more

Woods Rogers

Virginia Supreme Court Rules in Favor of Teacher Over Use of Pronouns

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The Virginia Supreme Court ruled in favor of a high school teacher, finding that the circuit court wrongly dismissed the teacher’s claims against his former employer, who had terminated the teacher after he refused to use a...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Recognizes 'Equal Opportunity Harasser' Defense

We often hear claims from employees who threaten to sue their employer for creating a “hostile work environment.” When we dig into the complaints, often the employee is alleging that their manager is mean or unfair to them,...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Overturns Decades-Old Precedent on Workplace Discrimination Claims

For decades, courts in the Fifth Circuit have followed a particularly strict rule limiting when employees can sue under Title VII for workplace discrimination. That changed last Friday....more

BakerHostetler

Fifth Circuit Opens the Door to More Discrimination Claims

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The Fifth Circuit Court of Appeals’ recent decision in Hamilton v. Dallas County expanded the scope of claims employees may pursue under Title VII of the Civil Rights Act of 1964. Title VII is the anti-discrimination statute...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more

Benesch

Fifth Circuit Expands Legal Standard for Employment Discrimination Cases

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On August 18, 2023, the Fifth Circuit overturned its longstanding precedent established in Dollis v. Rubin, 77 F.3d 777 (5th Cir. 1995). The new standard created in Hamilton v. Dallas County, case number 21-10133, allows for...more

ArentFox Schiff

Medical Residents Have Employee Rights Under Recent California Court of Appeal Decision

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In Khoiny v. Dignity Health, the California Court of Appeal held that hospital residency programs are primarily employment programs and medical residents are primarily employees. Therefore, courts should not give special...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...more

Genova Burns LLC

Whose Burden is it Anyway? NJ Appellate Division Holds Employee Fails to Meet the Burden of Persuasion of Showing Discriminatory...

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Despite surviving summary judgment, securing a favorable verdict at the second trial, and being awarded counsel fees, Plaintiff’s gender discrimination case was abruptly dismissed by the Appellate Division. On January 3,...more

Bowditch & Dewey

Permission to Retire: Can Active Litigation Prevent Admission to Life 2.0?

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Back in 2019, we told you about Jennifer Freyd, a professor at the University of Oregon who had sued the school and two University officials for gender discrimination, claiming that although her own department chair...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Law Firm Equity Partner Is Not an Employee for Title VII Purposes

Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on a range of protected classifications. However, Title VII only applies to employment relationships and cannot be used by contractors,...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Multiple Internal Complaints Support Retaliation Claims

Retaliation claims now constitute the most frequently cited basis for charges filed before the Equal Employment Opportunity Commission. Lawsuits based on retaliation can be especially dangerous for employers because they do...more

Fisher Phillips

Federal Appeals Court Rules In Favor Of Transgender Teen In Landmark Bathroom Case

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In a major win for transgender rights, the 4th Circuit Court of Appeals recently ruled in favor a transgender teenager who wanted to use the boys’ bathroom at his former school, finding that the school district violated his...more

Dechert LLP

U.S. Federal Court of Appeals Confirms that Schools Must Provide Fair Process in School Disciplinary Proceedings—No Ifs, Ands, or...

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Key Takeaways: The Sixth Circuit’s Doe v. Oberlin College decision confirms that in college and university disciplinary cases, fair processes are not optional; they apply to everyone alike—whether the accused or the...more

Cozen O'Connor

Third Circuit Upholds Philadelphia Wage History Ordinance

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On February 6, 2020, the U.S. Court of Appeals for the Third Circuit upheld a City of Philadelphia ordinance that prohibits employers from inquiring after and/or relying upon a prospective employee’s wage history in any...more

Littler

Third Circuit Lifts Preliminary Injunction and Green Lights Philadelphia’s Salary History Ordinance

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On February 6, 2020, the Third Circuit Court of Appeals upheld Philadelphia’s salary history ordinance and reversed the decision of the United States District Court for the Eastern District of Pennsylvania which had held that...more

Troutman Pepper

Third Circuit Upholds Philadelphia's Salary History Ban

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The U.S. Court of Appeals for the Third Circuit has ruled that a Philadelphia city ordinance that prohibits Philadelphia employers from asking applicants about their current or past pay rates is constitutional....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Considers Whether Comparator Info is Discoverable in a Failure to Promote Case

In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit Court of Appeals considered the discoverability of comparator information in a case involving an allegation that an employer failed to promote an employee....more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Federal Appeals Court Lowers Bar To Advance Pay Equity Claims

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A federal appeals court just ruled that workers don’t need to clear a heightened legal standard in order to pursue pay equity claims, setting the stage for a possible increase in the number of lawsuits seeking recovery for...more

Whitman Legal Solutions, LLC

How a Swimming Pool Use Schedule Violated the Fair Housing Act

Although it’s unfortunate when young musicians are pigeon holed into instrument selection based upon gender stereotypes rather than individual interest or aptitude, it’s possibly not unlawful. However, most housing management...more

McAfee & Taft

New employment discrimination standard: Comparators must be similarly-situated ‘in all material respects’

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In making disciplinary decisions, a question often posed in the human resources office is whether the disciplinary action is consistent with past discipline to other employees. The reason for this question is that disparate...more

Littler

New Mexico’s Fair Pay for Women Act Not Limited to Private Employers

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The New Mexico Court of Appeals held in Wolinsky v. New Mexico Corrections Department that the state Fair Pay for Women Act’s definition of “employer” extends to the State of New Mexico and its agencies. ...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2018

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In This Issue - Gender Diversity in Patenting: Current Landscape and Recommendations - The gender gap in patenting is a current challenge that companies face. While this issue seems pervasive, companies and lawyers can...more

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