News & Analysis as of September 22, 2024

LGBTQ

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

EEOC's "not-so-sweet six" priorities, for 2024 and beyond

Constangy, Brooks, Smith & Prophete, LLP on 9/29/2023

These six will get the EEOC's attention in 2024-28. Last week, the U.S. Equal Employment Opportunity Commission released its Strategic Enforcement Plan for 2024-28. Strategic Enforcement Plans provide a helpful preview of...more

EEOC Sues TA Dedicated and TForce TL Holdings for Sexual Orientation Discrimination, Retaliation

U.S. Equal Employment Opportunity Commission... on 9/21/2023

Federal Agency Charges Trucking Companies Allowed Harassment, Termination of Gay Mechanics Because of Sexual Orientation - CLEVELAND – TA Dedicated, Inc. doing business as Transport America, and TForce TL Holdings USA,...more

Seventh Circuit Takes On Religious Discrimination

Manatt, Phelps & Phillips, LLP on 5/24/2023

The Seventh U.S. Circuit Court of Appeals recently affirmed summary judgment in favor of an employer in a religious discrimination case involving a teacher who refused to call transgender students by their chosen names....more

OFCCP Week In Review: March 2022 #2

DirectEmployers Association on 3/14/2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Kroger Company Sued by EEOC For Religious Discrimination

U.S. Equal Employment Opportunity Commission... on 9/16/2020

Conway, Ark., Grocery Store Fired Two Workers Because of Their Religious Objections to Kroger’s New Dress Code, Federal Agency Charges - LITTLE ROCK, Ark. – The Kroger Company, doing business as Kroger Store No. 625 in...more

#No Filter: Terminating an Employee for Social Media Posts – Part 2

Cozen O'Connor on 9/13/2019

Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on 6/8/2018

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

End of Fiscal Year Filings Signal Business as Usual at the EEOC – For Now

Franczek P.C. on 10/4/2017

Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal...more

Is Sexual Orientation Protected Under Title VII? The DOJ Weighs In

Littler on 8/1/2017

Last week, on Wednesday July 26, 2017, the United States Department of Justice (DOJ) filed an amicus brief in a Second Circuit case taking the position that Title VII does not protect employees against sexual orientation...more

Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez

Cozen O'Connor on 7/20/2017

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode presents the first of two parts of a timely and...more

Web Exclusive: The Changing Face Of Discrimination

Fisher Phillips on 6/9/2017

As all hospitality employers know, Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of “sex.” However, the statute does not specifically mention sexual orientation or gender identity. What does...more

Transgender Employees May Be Entitled To Protection From Discrimination Under The ADA

Foley & Lardner LLP on 5/31/2017

Of late, we have recently written quite a bit about the ever-changing legal landscape regarding protections for LGBTQ employees. Most of the authority we explored involved whether or not sexual orientation (as well as gender...more

IXL Learning Sued by EEOC for Retaliation

U.S. Equal Employment Opportunity Commission... on 5/25/2017

Employee Fired for Posting About Discrimination on Glassdoor.com, Federal Agency Charges - SAN FRANCISCO - Educational technology company IXL Learning Inc. violated federal law when it retaliated against an employee for...more

Hot List – What’s Happening in the California Legislature 4/24-4/28

Fisher Phillips on 4/21/2017

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week... Recap of Legislative Bill Activity Last Week – The...more

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on 2/27/2017

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Transgender Video Game Industry Employee Converted to Independent Contractor Status Raises Misclassification and Discrimination...

Troutman Pepper on 5/31/2016

A prominent Washington State video game company, Valve Corporation, creator of Half-Life, Counter-Strike, and Left 4 Dead, has been sued by a former employee it converted into an independent contractor as an accommodation to...more

The Employment Law Authority - January/February 2016

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/14/2016

A federal appellate court recently held that an employer did not violate Title VII of the Civil Rights Act when it discharged an employee shortly after she informed her manager that she was pregnant. According to the Fifth...more

Straight From The Source: EEOC’s 10 Hottest Litigation Trends

Constangy, Brooks, Smith & Prophete, LLP on 10/30/2015

Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference....more

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