Labor & Employment Law: Vermont and Federal Legislative Update
#WorkforceWednesday: SCOTUS Decision on LGBTQ Employees, EEOC on Older Workers Returning to Work - Employment Law This Week®
In its 2020 decision in Bostock v. Clayton County, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating against employees based on their...more
On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more
As the temperatures continue to rise, regulations and litigation related to employer-sponsored group health plans have followed suit. As these new rules continue to evolve, we are often asked whether a self-insured group...more
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its new Enforcement Guidance on Harassment in the Workplace (the Guidance), the first update to its Guidance in over 20 years. Among the many...more
At the end of April 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its final guidance on harassment in the workplace, “Enforcement Guidance on Harassment in the Workplace” (“Guidance”). The Guidance...more
EEOC Title VII Guidance Challenged - On May 21, the Texas attorney general sought a permanent injunction to block the U.S. Equal Employment Opportunity Commission’s (“EEOC”) enforcement guidance over gender identity and...more
Monday, May 13, 2024: Coalition of 18 Republican States’ Attorney Generals Filed Suit to Challenge EEOC’s Harassment Guidance - A coalition of 18 Republican state attorney generals (“AGs”), led by Tennessee Attorney...more
Our April 9 blog post highlighted several issues to watch during 2024, one of which was gender-affirming care considerations. Just over a month later, there have now been three key developments with respect to that issue:...more
As recently reflected by the Fourth Circuit’s opinion in Billard v. Charlotte Catholic High School, Title VII has a notable ministerial exception that religiously affiliated entities such as private religious schools should...more
“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more
If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance sets forth the EEOC’s position on harassment that constitutes...more
The Equal Employment Opportunity Commission (EEOC) published its long-awaited final guidance on harassment in the workplace on April 29, 2024, several months following its released proposed guidance in September, which we...more
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment in a step toward fostering a more inclusive workplace environment. This guidance serves as a...more
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on harassment in the workplace. The guidance is the result of approximately seven years of effort and replaces...more
The Equal Employment Opportunity Commission (EEOC) hopped on the bandwagon of employment law updates this week by updating its guidance to prevent workplace harassment. This guidance focuses on protecting covered employees...more
In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of sex. Employers are...more
Almost seven months after seeking public comment on an initial proposed version, and more than seven years after first attempting to update its guidance on the issue, the Equal Employment Opportunity Commission issued on...more
On April 29, the U.S. Equal Employment Opportunity Commission (EEOC), after nearly seven years of effort, released updated guidance concerning harassment in the workplace. The updated guidance reflects three key developments...more
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released a long-anticipated update to its enforcement guidance on harassment in the workplace. The update comes almost 25 years after EEOC last...more
On April 29, 2024, the EEOC published its “Enforcement Guidance on Harassment in the Workplace” (the “Guidance”). The Guidance updates and replaces the EEOC’s prior guidance documents, discusses the Supreme Court’s 2020...more
We’ve been discussing the various implications of the current ‘return to work’ push. Another implication is layoff decisions and the potential for disparate impact on remote workers, who tend to disproportionally be women and...more
A recent Statement of Interest filed earlier this week by the Department of Justice in a federal prisoner lawsuit in the United States District Court for the Northern District of Georgia should serve as an important reminder...more
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued Proposed Enforcement Guidance on Harassment in the Workplace (Proposed Enforcement Guidance), which will supersede its prior guidance on...more