News & Analysis as of

Sex Discrimination Motion to Dismiss

Tucker Arensberg, P.C.

Federal Court Rules That Plaintiff’s Claims of Sex Discrimination Against a School District Were Sufficiently Pled

Tucker Arensberg, P.C. on

Colavecchia v. South Side Area Sch. Dist., No. 2:22-CV-01804-CCW, 2023 U.S. Dist. LEXIS 70461 (W.D. Pa. April 21, 2023). The United States District Court for the Western District of Pennsylvania denied South Side Area School...more

Constangy, Brooks, Smith & Prophete, LLP

Publicity: The Not-So-Hidden Cost Of A Lawsuit

And then you go and make it worse. The Volokh Conspiracy posted last week about a Human Resources Business Partner who sued his former employer in federal court (Oregon). I am in a charitable mood as I write this post,...more

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

Texas Discrimination Laws Protect Intention to Become Pregnant, State Court Rules

The Texas Commission on Human Rights Act (TCHRA) prohibits discrimination in employment based on sex. The state law defines “sex discrimination” to include “discrimination because of or on the basis of pregnancy, childbirth,...more

TNG Consulting

Campuses and the Courts: M.M. v. San Juan Unified Sch. Dist.

TNG Consulting on

M.M. v. San Juan Unified Sch. Dist., No. 219CV00398TLNEFB, 2020 WL 5702265 (E.D. Cal. Sept. 24, 2020) - SUMMARY OF PROCEDURAL HISTORY: M.M., a nine-year-old female student in the San Juan Unified School District (SJUSD),...more

Dechert LLP

U.S. Federal Court of Appeals Confirms that Schools Must Provide Fair Process in School Disciplinary Proceedings—No Ifs, Ands, or...

Dechert LLP on

Key Takeaways: The Sixth Circuit’s Doe v. Oberlin College decision confirms that in college and university disciplinary cases, fair processes are not optional; they apply to everyone alike—whether the accused or the...more

Seyfarth Shaw LLP

Exclusion for Gender Reassignment Surgery May Violate Title VII and the Equal Protection Clause

Seyfarth Shaw LLP on

Seyfarth Synopsis: On December 23, 2019, District Judge Rosemary Marquez ruled, in connection with a motion to dismiss, that Title VII does protect discrimination based on a person’s transgender status, and that a health...more

Seyfarth Shaw LLP

Exclusion for Gender Reassignment Surgery May Disadvantage a “Suspect Class”

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Toomey v. U of Arizona, No. 19-35 (D. Ar. June 24, 2019), the Magistrate Judge determined on a motion to dismiss that Title VII does not prohibit discrimination based on a person’s transgender status. ...more

Fisher Phillips

Nike Workers May Pursue Class Sex Discrimination Claims, Court Confirms

Fisher Phillips on

An Oregon federal court judge just denied Nike’s motion to dismiss a class action on behalf of 500 or more of its current and former female employees alleging sex discrimination in pay. Nike had asked the court to dismiss...more

Fisher Phillips

Nike Can’t Just Do It – Court Denies Company’s Request To Dismiss Pay Equity Class Action

Fisher Phillips on

An Oregon federal court just shot down Nike Inc.’s request to dismiss a pay equity class action claim fronted by four current and former Nike executives. In her February 26 ruling, a federal magistrate judge recommended that...more

Bowditch & Dewey

Beyond the Advancement Decision Itself: When Lack of Opportunities and Resources May Constitute Sex Discrimination

Bowditch & Dewey on

Altha Cravey, a female geography professor, is suing the University of North Carolina and three administrators for gender discrimination and retaliation (for raising concerns of sex and racial discrimination). In part, her...more

Constangy, Brooks, Smith & Prophete, LLP

Catholic Priest Is (Allegedly) An Equal Opportunity Offender, Court Says, Dismissing Bias Suit

Father, you kiss your mother with that mouth? The recent dismissal of a lawsuit in New York — involving a priest who is principal at a Catholic high school — illustrates why an (alleged) “equal opportunity offender” is...more

Seyfarth Shaw LLP

Despite New Administration, EEOC Maintains Position that Title VII Prohibits Gender Identity Discrimination

Seyfarth Shaw LLP on

Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity. In EEOC v. R.G....more

Stinson LLP

Court Affirms Incorporating Federal Labor Laws Into Tribal Code Does Not Waive a Tribe's Sovereign Immunity

Stinson LLP on

On February 21, 2017, a federal court in Wisconsin reaffirmed a tribe's sovereign immunity with respect to Title VII claims of wrongful termination. See Bruguier v. Du Flambeau, 16-cv-604-jdp, (W. Dist Wisc. February 21,...more

Foley & Lardner LLP

The Case of the Vanishing § 1292(b) Certification

Foley & Lardner LLP on

Nothing about the Seventh Circuit’s recent per curiam decision in Kenosha Unified School District No. 1 Board of Education v. Whitaker, No. 16-8019 (7th Cir. Nov. 14, 2016), could be considered much of a mystery, but file the...more

Seyfarth Shaw LLP

Minister or Not? Gay Bias Case Turns on Employee’s Role

Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal judge has allowed a discrimination lawsuit to proceed against the Archdiocese of Chicago. The plaintiff alleges that his engagement to another man resulted in his termination. The church sought...more

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