News & Analysis as of

Appeals Human Rights Act

Laner Muchin, Ltd.

Illinois Appellate Court Affirms the Rights of Transgender Employees in the Workplace

Laner Muchin, Ltd. on

The Illinois Appellate Court (Second District) recently issued an opinion deciding an issue of first impression here in Illinois: whether an employer violates the Illinois Human Rights Act (Act) by denying a transgender woman...more

Tucker Arensberg, P.C.

Fourth Grader’s Sexual Assault Claim Preserved Until 18th Birthday

Tucker Arensberg, P.C. on

Nicole B. v. Sch. Dist. of Philadelphia, 237 A.3d 986 (Pa. 2020).  The Pennsylvania Supreme Court held that, when a fourth-grade student alleged that he was sexually assaulted in school, the 180-day period to file a claim...more

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

Texas Fifth District Court of Appeals: Texas Law Prohibits Sexual Orientation Discrimination

In Tarrant County College District v. Sims, No. 05-20-00351 (March 10, 2021), the Court of Appeals for the Fifth District of Texas held that “claim[s] of discrimination based on sexual orientation may be brought under the...more

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

First Circuit Weighs in on ADA’s ‘Single Integrated Employer’ Test and Reckless Indifference Standard for Punitive Damages

In Burnett v. Ocean Properties, Ltd., et al., the First Circuit Court of Appeals upheld a jury verdict for the plaintiff in his failure to accommodate claim under the Americans with Disabilities Act (ADA) and the Maine Human...more

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

Does the Pennsylvania Human Relations Act Require Accommodation of Medical Marijuana Use? Not (For Now)

In Harrisburg Area Community College v. Pennsylvania Human Relations Commission, No. 654 C.D. 2019, (October 29, 2020), the Commonwealth Court of Pennsylvania recently examined the interaction between Pennsylvania’s Medical...more

BCLP

Request for Accommodation Will Not Support Retaliation Claim Under Missouri Human Rights Act, SCOMO Holds

BCLP on

Under Missouri law, a request for accommodation cannot serve as the basis for a retaliation claim.  Last month, the Supreme Court of Missouri issued a unanimous opinion in Lin v. Ellis, No. SC97641, 2020 WL 203145, at *5, —...more

Hogan Lovells

D.C. Circuit Rejects “Academic Deference” Argument In Tenure Denial Discrimination Cases

Hogan Lovells on

On June 14, 2019, the United States Court of Appeals for the District of Columbia Circuit rejected the argument that a university should be entitled to special academic deference in employment discrimination claims concerning...more

Butler Snow LLP

TN Appeals Court Reinstates Hostile Work Environment and Whistleblower Claims

Butler Snow LLP on

An individual may file a claim under Tennessee’s “whistleblower statute”—the Tennessee Public Protection Act (TPPA)—if she was fired solely for reporting or refusing to participate in illegal activity. Similar to federal law,...more

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

Minnesota Supreme Court Expands and Contracts Human Rights Act Coverage in Two Decisions on Disability Discrimination

The Minnesota Supreme Court recently issued two decisions affecting employers in the state. In one, the high court overruled a 30-year-old precedent that excluded disabilities covered by the Minnesota Workers’ Compensation...more

Stinson LLP

Court Affirms that Missouri Human Rights Act Prohibits Sex Stereotypes in the Workplace

Stinson LLP on

On October 24, 2017, the Court of Appeals for the Western District of Missouri issued an opinion affirming that sex stereotyping is a form of gender discrimination that is actionable under the Missouri Human Rights Act...more

Littler

Missouri Appellate Court’s Holding That Sex Discrimination May Be Based on Sex Stereotyping Offers Some Protections for LGBT...

Littler on

In Lampley, et al. v. Missouri Commission on Human Rights, the Missouri Court of Appeals held that sex stereotyping can form the basis of a sex discrimination claim when the complaining party is gay, but should not be...more

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