News & Analysis as of

Sex Discrimination

Employment news - May 2018

by Hogan Lovells on

No need to know that reason for unfavourable treatment arises from disability - Employees can only succeed with a claim of unfavourable treatment arising from a disability if the employer knows that they have a disability....more

University of Denver to Pay $2.66 Million and Increase Salaries to Settle EEOC Equal Pay Lawsuit

Female Full Professors at the University's Sturm College of Law Were Paid Average of Nearly $20,000 Less Than Their Male Counterparts, Federal Agency Charged - DENVER - The University of Denver will pay $2.66 million and...more

Recent New York State and New York City Anti-Sexual Harassment Legislation: Now What?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: New York Governor Andrew M. Cuomo and New York City Mayor Bill de Blasio have each signed new laws designed to combat workplace sexual harassment. Together, these new laws have resulted in sweeping...more

Is It “Time’s Up” For Arbitrating Employment Matters In New York?

by Dechert LLP on

In the wake of a strong public reaction to the “Time’s Up” and “#MeToo” movements, states across the country are enacting legislation aimed at expanding and bolstering sexual harassment and discrimination protections in the...more

Q&A with Paula Williams: #MeToo movement must start with organization's leaders

by GableGotwals on

Q: What constitutes harassment? A: Employers often narrow their focus to sexual harassment claims, however, harassment involves any protected trait, such as an employee's race, age or disability. Harassment includes...more

The Ra-Ra-Reckoning of Entertainment‘s Biggest Cheerleaders: Is It Sexist or Just Part of the Job?

by FordHarrison on

As the #MeToo and #TimesUp movements have taken social media and the entertainment industry by storm, one particular subset of entertainers have been notably left out of the conversation … professional cheerleaders....more

Revisions to Harassment Prevention Training and Discrimination Laws Fail to Clear General Assembly

by Shipman & Goodwin LLP on

Most times on this blog, we report on developments in courts or in the legislature. But today’s post focuses on something that didn’t happen — namely a bill that didn’t pass — even though it looked almost certain earlier...more

Federal Appellate Court Finds That Title VII Bans Gender Identity Discrimination

by McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit ruled on March 7, 2018, that workplace discrimination on the basis of gender identity and gender expression violates Title VII of the Civil Rights Act of 1964. The language of...more

New Jersey Employment Law Updates: The Equal Pay Act and Paid Sick Leave Act

by Cozen O'Connor on

New Jersey recently enacted two important pieces of legislation that meaningfully alter the legal landscape for employers. These bills, which passed by overwhelming majorities in both the New Jersey Assembly and Senate and...more

Oregon Says Auto Insurers Must Accommodate Gender "X"

by Faegre Baker Daniels on

In April 2018, the Oregon Division of Financial Regulation issued a regulatory bulletin prescribing that auto insurers using sex or gender as a factor in setting rates must accommodate consumers who designate their sex as...more


by Akerman LLP - HR Defense on

The headlines may feature the names of powerful businessmen and stars who’ve been accused of sexual harassment, but employers should remember the perpetrator may not always be a man. Powerful women can be harassers, too. And...more

The Children’s Home Settles EEOC Sex Discrimination Lawsuit

Nonprofit Refused to Hire Male Employee for a Maternity Program Position Because of His Sex, Federal Agency Charged - TAMPA, Fla. - The Children's Home, Inc., a Tampa nonprofit child care organization also known as the...more

WPI State of the States: Equal Pay, Paid Leave, and Gig Economy Bills Gain Momentum

by Littler on

May begins the legislative homestretch for a number of states. Nearly half of the state legislatures have adjourned for the year, and another nine are expected to end their sessions by the end of the month....more

Ninth Circuit Reverses Course on Whether Salary History Justifies Pay Differences

by Foley & Lardner LLP on

Employers take note: At least within the area covered by the Ninth Circuit Court of Appeals (including Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington), prior salary history can no longer...more

California Legislature Introduces Bill That Could Result In Massive Penalties For Employers For Late Payment of Wages

Currently working its way through the California Legislature is AB 2613, a potentially massive expansion of liability on employers and individuals for underpayment of wages. AB 2613 seeks to amend the California Labor Code...more

You Too? Could Be. What to Do.

Introduction: Modern Life - “I believe all men are guilty,” Barry Diller recently told New York Times columnist Maureen Dowd. He went on to make clear: Not in what he, and everyone else, calls the Harvey Weinstein way, but...more

Understand the Legal Challenge, Even in a #MeToo Era

Last Thursday’s verdict marked a dramatic reversal, and was hailed as a sign of the times. Bill Cosby was found guilty on all counts in the drugging and sexual assault of Andrea Constand 14 years ago. She is one of 60 women...more

Minnesota Legislature Proposes Sweeping Change to Sexual Harassment Law

by Littler on

On April 23, 2018, Minnesota House Majority Leader Joyce Peppin introduced HF 4459, a bill to amend the Minnesota Human Rights Act (“MHRA”) to change the legal standard for sexual harassment. ...more

New York State's New Sexual Harassment Laws: What Employers Need to Know

by FordHarrison on

In the fiscal year 2019 budget, the New York State Legislature passed several new laws aimed at preventing workplace sexual harassment, including banning mandatory arbitration and requiring anti-harassment policies and...more

Washington State Legislature Responds to the #MeToo Movement

by Littler on

Washington has adopted four new laws addressing workplace harassment and discrimination. Three prohibit limitations on an employee’s disclosure or public pursuit of discrimination or harassment claims, while the fourth...more

Federal Court Rulings Growing in Favor of LGBT+ Employees

As members of the lesbian, gay, bisexual and transgender community (LGBT+) are increasingly open at work about their identities, circuit courts are recognizing that Title VII of the Civil Rights Act protects them from...more

New Jersey Passes New Law on Pay Equity — and Much More

by Ballard Spahr LLP on

Governor Phil Murphy continues to remake the legal landscape in New Jersey. On April 24, 2018, he signed into law far-reaching pay-equity legislation that will take effect on July 1, 2018....more

New Jersey Passes Historic Equal Pay Act

After years of failed attempts at equal pay legislation, New Jersey has now passed a historic equal pay law. Notably, the Diane B. Allen Equal Pay Act (“Equal Pay Act”) becomes the strongest measure attempting to close the...more

New York State Moves One Step Closer to New Pay Equity Laws

by Fisher Phillips on

On the heels of Governor Andrew Cuomo’s call for New York to take additional steps to close the gender wage gap, the New York State Assembly passed a suite of pay equity legislation that would impact both private and public...more

Employee Complaints Of Pay Inequity Can Trigger Protected Activity Even With No Mention Of “Sex Discrimination”

by Jackson Lewis P.C. on

In Mumm v. Charter Township of Superior, the United States Court of Appeals for the Sixth Circuit held that Plaintiff is entitled to a trial where her employer began the termination process on the same day she threatened suit...more

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