News & Analysis as of

Gender Discrimination

Two Federal Courts Of Appeal Find That Title VII Prohibits Workplace Discrimination On The Basis Of Sexual Orientation And...

by Butler Snow LLP on

Back in April 2017, the federal 7th Circuit Court of Appeals (governing Illinois, Indiana, and Wisconsin) made big news when it determined that Title VII of the Civil Rights Act of 1964 prevents employers from discriminating...more

Mind the gap across the Atlantic – the gender pay gap in the UK and the US

by Womble Bond Dickinson on

Lorraine Heard, legal director at Womble Bond Dickinson (UK) LLP, sets out the background to the new legal requirement that obliges large UK employers to report their gender pay gaps. Theresa Sprain, partner at Womble Bond...more

Eleventh Circuit Reiterates Employers' Heavy Burden Under Equal Pay Act

by Rumberger Kirk & Caldwell on

The Eleventh Circuit’s holding in Bowen v. Manheim Remarketing, Inc., 882 F.3d 1358 (11th Cir. 2018) reiterates an employer’s heavy burden to establish an affirmative defense in order to win summary judgment in cases alleging...more

Sixth Circuit Holds Transgender Status Is Protected by Title VII and Rejects Religious Freedom Restoration Act Defense

by FordHarrison on

The Sixth Circuit Court of Appeals is the latest to weigh in on the heated debate as to whether sexual orientation, gender identity, transgender status and/or gender expression are protected classes under Title VII of the...more

The Gray Is Not Okay – Recognizing Gender Discrimination When It Isn’t Black And White

by Fox Rothschild LLP on

Recently I watched a male attorney speak to opposing counsel (a female) in a condescending, chastising manner that I cannot imagine he would have used if he had been speaking to a male attorney. Her male colleague, who was...more

Sixth Circuit Delivers One-Two Punch Knocking Out Transgender Discrimination

The U.S. Court of Appeals for the Sixth Circuit ruled on March 7 that employer R.G. & G.R. Harris Funeral Homes unlawfully discriminated on the basis of sex when it fired a transgender employee after she informed the company...more

Federal Appeals Court Finds Title VII Precludes Discrimination Based On Transgender Status

by Littler on

The U.S. Court of Appeals for the Sixth Circuit recently ruled, in what many have described as a ground-breaking decision, that discrimination based on an employee’s transgender status is discrimination based on “sex” in...more

Can Inclusion Riders Force Demographic Proportionality In Hiring?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With a single utterance at the recent Academy Awards ceremony, “inclusion rider” entered the popular lexicon. That has led many to wonder, “What is an inclusion rider?” The next question, of course, is...more

Sixth Circuit Holds That Discrimination Based on Transgender Status is Considered Sex Discrimination Under Title VII

by Reminger Co., LPA on

The Sixth Circuit recently joined a growing number of federal courts to expand the definition of what constitutes sexual discrimination under Title VII. It found that discrimination based on an individual’s transgender status...more

Sixth Circuit Rules Discrimination Against Transgender Employees Violates Title VII

The Sixth Circuit Court of Appeals has held that discrimination against transgender/LBGTQ employees is discrimination on the basis of sex that violates Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity...more

Federal Contractors and Subcontractors: Are Your EEO Posters Up To Date?

by Hogan Lovells on

Most employers are required to post the familiar EEO Is the Law poster. This is a friendly reminder that the OFCCP (Office of Federal Contract Compliance Programs) also requires federal contractors and subcontractors subject...more

Oscars Delve into Legal Territory with Two Words: Inclusion Rider

by FordHarrison on

At the end of her Oscars acceptance speech for Best Actress this year, Frances McDormand, after having spoken about equality, concluded with the following statement: “I have two words to leave with you tonight, ladies and...more

The Massachusetts Attorney General Issues Guidance on Sweeping Changes to the Massachusetts Equal Pay Act

by Hogan Lovells on

In advance of the July 1, 2018 implementation of extensive amendments to the Massachusetts Equal Pay Act (“MEPA”), the Attorney General (“AG”) issued its Guidance on March 1, 2018. While the Guidance does not have regulatory...more

Transgender and transitioning employees protected from discrimination in Ohio

by Bricker & Eckler LLP on

Last week, the Sixth Circuit (which covers Kentucky, Michigan, Ohio and Tennessee) held that Title VII provides transgender and transitioning employees with protection from employment-related discrimination....more

Sixth Circuit Decision: Title VII Protects Transgender Workers

On March 7, the Court of Appeals for the Sixth Circuit issued an opinion in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. holding that discrimination based on transgender status and transitioning identity is sex...more

Second Circuit Breaks Ground: Sexual Orientation Discrimination Federally Protected

On February 26, 2018, the Second Circuit ruled for the first time that discrimination based on sexual orientation is unlawful under Title VII of the Civil Rights Act of 1964. The question at issue in Zarda v. Altitude...more

Women as Warriors: What Black Panther Teaches Us About Women in the Workplace

by FordHarrison on

Coming off the heels of a fantastic Blockbuster first few weeks, nearly $900 million made at the box office globally, and premiering during Black History Month, there is no denying that Black Panther is just the start of a...more

Second Circuit Joins Seventh in Expanding Gender Discrimination Definition

by Stinson Leonard Street on

On February 26, 2018, the U.S. Court of Appeals for the Second Circuit issued an en-banc opinion holding that an employment action based on sexual orientation is discrimination based on sex....more

Circuit Split on Sexual Orientation Discrimination Continues With New Second Circuit Opinion

by Pepper Hamilton LLP on

On February 26, the U.S. Court of Appeals for the Second Circuit joined the Seventh Circuit in holding that sexual orientation discrimination is prohibited by Title VII of the Civil Rights Act of 1964 (Title VII). Zarda v....more

Attorney General Issues Guidance On MEPA: Many Questions Unanswered

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Massachusetts Attorney General’s office (“AGO”) issued Guidance on March 1 about the changes to the Massachusetts Equal Pay Act (“MEPA”) that will take effect July 1. Employers preparing to comply with...more

Massachusetts Attorney General Publishes Long-Anticipated Guidance on the Revised Pay Equity Law

by Littler on

The Massachusetts Attorney General has recently published an Overview and Frequently Asked Questions (the “Overview”) regarding the amendment to the Massachusetts Equal Pay Act, set to take effect on July 1, 2018. The...more

EEOC Sues Compass Group USA For Sex Discrimination and Retaliation

Food Service Supplier for UTMB Denied Female Employee a Promotion Due to Her Sex, Federal Agency Charges - HOUSTON - Morrison Management Specialists Inc., a division of Compass Group USA Inc., unlawfully denied a...more

Another Circuit Says Title VII Prohibits Sexual Orientation Discrimination

by Akerman LLP - HR Defense on

A second federal appellate court has ruled that Title VII of the Civil Rights Act prohibits employers from discriminating against employees based on their sexual orientation. The ruling is in line with the EEOC’s...more

Second Circuit Court Finds Sexual Orientation Protected Under Title VII

by Franczek Radelet P.C. on

On Monday, the U.S. Court of Appeals for the Second Circuit (which covers Connecticut, New York, and Vermont), became the second federal appellate court to explicitly hold that federal law prohibits employment discrimination...more

Second Circuit Holds That Title VII Prohibits Sexual Orientation Discrimination

by Hogan Lovells on

On February 26, 2018, in a landmark decision continuing the expansion of Title VII’s protection, the Second Circuit Court of Appeals became the second federal appeals court to hold that Title VII prohibits discrimination on...more

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