News & Analysis as of

Gender Discrimination

Hinshaw & Culbertson - Employment Law...

How the EFAA Applies to Employee Arbitration Agreements in Sexual Harassment Cases Involving Conduct That Preceded the Law’s...

On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though...more

Seyfarth Shaw LLP

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

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Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Nelson Mullins Riley & Scarborough LLP

[Hybrid Event] Rainbow Connection: How LGBTQIA+ History Informs Modern Civil Rights Efforts - October 11th, Atlanta, GA

Please join us in-person or virtually for Nelson Mullins' LGBTQ+ Affinity & Ally Group's 6th Annual Pride Seminar. Lunch will be provided to those attending in-person. CLE credits will be offered for select states. We...more

Constangy, Brooks, Smith & Prophete, LLP

Five tactics to dispel negative stereotypes of DEI

Wait, not everything about DEI on the internet is true? For organizations that desire to retain or implement DEI practices, it is vital to address common misperceptions or negative stereotypes about DEI. When DEI policies...more

Morgan Lewis

Key Amendments to the Kingdom of Saudi Arabia Labour Law Announced

Morgan Lewis on

The Council of Ministers in the Kingdom of Saudi Arabia (KSA) recently approved a number of amendments to the KSA Labour Law, which will come into effect six months from publication in the KSA Legal Gazette. The amendments to...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 7, July 2024

July 29, 2024 Welcome to the seventh issue of The Academic Advisor – our e-newsletter focused on education law insights.    In this final summer edition, we look ahead to the new academic year and cover the following...more

Manatt, Phelps & Phillips, LLP

AGs Challenge EEOC’s New Harassment Guidance

After the Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Harassment in the Workplace – its first in decades – it is facing state Attorney General opposition....more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Lowers the Bar for Title VII Employment Claims

Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more

Polsinelli

No Harm, No Foul: The Supreme Court Reduces “Harm” Standard for Discriminatory Job Transfer Claims under Title VII

Polsinelli on

In April, the U.S. Supreme Court unanimously held in Muldrow v. City of St. Louis, that to sustain a prima facie case of employment discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”), plaintiffs do...more

Husch Blackwell LLP

8th Circuit Decision Roundup – June 2024

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The Eighth Circuit Court of Appeals has issued several significant decisions that employers doing business in Minnesota should be aware of. Here are a few highlights of recent Eight Circuit Decisions that have addressed...more

Weintraub Tobin

A California Workplace Checklist for Pride Month

Weintraub Tobin on

It’s Pride month: rainbow flags are flying, social media avatars are changing, and parade planning is in full swing. In addition to celebrations, California businesses can use this important month to review their practices...more

Franczek P.C.

Recent Supreme Court Decision Clarifies Lower Standard of Harm for Job Transfers under Title VII

Franczek P.C. on

In a recent decision, Muldrow v. City of St. Louis, the U.S. Supreme Court clarified the standard for determining whether an adverse employment action is a sufficient basis for a discrimination claim under Title VII of the...more

Troutman Pepper

Tennessee and Mississippi AGs Sue the HHS Over New Antidiscrimination Rule

Troutman Pepper on

Tennessee and Mississippi attorney generals (AG), joined by 13 other states, filed a multistate lawsuit in the Southern District of Mississippi. The lawsuit challenges the U.S. Department of Health and Human Services’ (HHS)...more

Dentons

Promotion and Demotion – What to Watch For

Dentons on

In a recent U.S. Supreme Court case, a police sergeant alleged that she was transferred from one job to a less desirable job in the police department because of her sex....more

Conn Maciel Carey LLP

Employers Beware: Title VII Now Allows Employees to More Easily Challenge Your Decision to Transfer or Reassign Them

Conn Maciel Carey LLP on

On April 17, 2024, the United States Supreme Court issued an opinion in Muldrow v. City of St. Louis, Missouri, a case involving a St. Louis Police Department officer’s claim that she was subject to a discriminatory job...more

Bass, Berry & Sims PLC

Gender-Affirming Care Remains a Hot Topic in 2024

Bass, Berry & Sims PLC on

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

Cozen O'Connor

NJ Clarifies Civil Rights Protections for Out-of-State Remote Workers

Cozen O'Connor on

New Jersey AG Matthew Platkin and his office’s Division on Civil Rights issued Guidance on Discrimination and Out-of-State Remote Workers, clarifying that the protections of the state’s Law Against Discrimination (LAD)—which...more

McDermott Will & Emery

HHS Final Section 1557 Nondiscrimination Regulations: Gender-Affirming Care and the Role of Carriers Under ASO Arrangements

On April 26, 2024, the US Department of Health and Human Services (HHS) issued a final rule (press release, fact sheet, FAQs) (final regulations) reinterpreting Section 1557 of the Affordable Care Act (ACA), which prohibits...more

McDermott Will & Emery

Ten Takeaways From Long-Awaited Section 1557 Nondiscrimination Protections

On April 26, 2024, the US Department of Health and Human Services (HHS) issued a final rule (press release, fact sheet, FAQs) reinterpreting Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the...more

Benesch

EEOC Issues New Workplace Harassment Guidance

Benesch on

For the first time in a quarter-century, the U.S. Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on workplace harassment. The April 29-guidance consolidates and supersedes several iterations of...more

Proskauer - Law and the Workplace

EEOC Releases Final Guidance on Harassment in the Workplace

On April 29, 2024 the U.S. Equal Employment Opportunity Commission (“EEOC”) published its final guidance on harassment in the workplace. As Proskauer previously covered, this final guidance follows proposed guidance,...more

Bradley Arant Boult Cummings LLP

No More Adjectives… Just Some Harm: Supreme Rules on Title VII Job Transfer Threshold

If you transfer an employee to a job with no loss in pay or title but the employee thinks it is less desirable, can that employee sue you for discrimination under Title VII? While it depends on the facts, in Muldrow v. St....more

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

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

2024 Title IX Regulation Update, Part I: Grievance Procedures for Resolving Complaints of Sex Discrimination and Sex-Based...

This is part one of a series examining the most topical changes contained in the new Title IX regulations applicable to higher education released by the U.S. Department of Education on April 19, 2024. Changes applicable only...more

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

Reeducating Educators on Discrimination Processes: the U.S. Department of Education Issues New Title IX Sex and Gender...

The final regulations amend § 34 C.F.R. 106.1, et seq. According to a statement from the Department announcing the final rule, “The unofficial version of the final regulations is available here. In addition, the Department...more

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