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Protected Class Sex Discrimination Employer Liability Issues

Smith Anderson

Supreme Court Lowers The Bar For Title VII Claims

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On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court resolved a split among the federal circuit courts over whether an employee challenging a job transfer under Title VII must meet a heightened threshold of...more

Benesch

Supreme Court Lowers Plaintiffs’ Burden for Title VII Discriminatory Transfer Claims

Benesch on

On April 17, 2024, the U.S. Supreme Court unanimously lowered the burden applicable to discriminatory transfer claims brought under Title VII. According to the Court, a showing of some harm—rather than significant or some...more

BakerHostetler

SCOTUS Holds that Job Transferees Need Only Show ‘Some Harm’ Under Title VII

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SCOTUS announces ‘some harm’ standard for Title VII claims based on a mandatory job transfer. The Supreme Court in Muldrow v. City of St. Louis, Missouri, et al., 601 U.S. ____ (April 17, 2024), held that where an...more

Ius Laboris

Japan adopts LGBTQ awareness legislation

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In June 2023, the ‘Act on the Promotion of Citizens’ Understanding of Diversity of Sexual Orientation and Gender Identity’ was enacted by the Japanese legislature (the Diet)....more

Fisher Phillips

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

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You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

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Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more

International Lawyers Network

Sexual Harassment In The Workplace: What US: Missouri Companies Need To Know

2019 Update - The #MeToo movement, which has grown international in scope, is a wide-ranging campaign to shed light on the occurrence of sexual assault and harassment, particularly in the workplace. The movement began in...more

FordHarrison

Gender Identity Complexity: From the Olympics to the Workplace

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Olympic runner Caster Semenya, a woman by her own identification, was born with a unique body. While outwardly female, her body produces an excess of testosterone compared with other women. Olympic authorities have at times...more

Hogan Lovells

New York State Statute Now Protects Gender Identity in the Workplace

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Employers in New York should ensure that their policies and practices are compliant with changes to New York law that are set to take effect soon....more

Akerman LLP - HR Defense

DOJ Contradicts EEOC over Title VII’s Applicability to Transgender Employees

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The Department of Justice is now squarely at odds with the Equal Employment Opportunities Commission over whether Title VII’s prohibition on sex discrimination also applies to discrimination against transgender employees. ...more

Orrick, Herrington & Sutcliffe LLP

Is It Safe To Wade Into The “Safe Harbor” Waters In Recent Pay Laws?

A growing number of state and local governments have passed equal pay laws in recent years. These statutes and ordinances have varied in their specific content and have created a patchwork of legal requirements vexing...more

Troutman Pepper

New Pa. Guidance Interprets Anti-Discrimination Law to Cover LGBT Individuals

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In a significant development for Pennsylvania employers, the Pennsylvania Human Relations Commission (PHRC) has issued new guidance announcing that it takes the position that employment discrimination based on LGBT status is...more

Pierce Atwood LLP

New Hampshire Passes Gender Identity Law

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On June 8, 2018, New Hampshire Governor Chris Sununu signed, “An Act Prohibiting Discrimination Based on Gender Identity,” which adds gender identity as a protected characteristic to state anti-discrimination laws. ...more

Ballard Spahr LLP

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

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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

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

Transgender, Transitioning, and Title VII: Sixth Circuit Provides Protected Status

Does discrimination based on gender identity fall within Title VII of the Civil Rights Act of 1964’s protection against discrimination “because of sex”? Adopting the U.S. Equal Employment Opportunity Commission’s (EEOC)...more

Foley & Lardner LLP

The Saga Continues: Second Circuit Court of Appeals Holds that Sexual Orientation Discrimination is Sex Discrimination Under Title...

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We have steadily followed the evolving legal landscape, including the emerging circuit court split, surrounding whether the federal anti-discrimination law, Title VII, prohibits discrimination based on sexual orientation or...more

Patterson Belknap Webb & Tyler LLP

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

Stinson LLP

Second Circuit Joins Seventh in Expanding Gender Discrimination Definition

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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

Troutman Pepper

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

Troutman Pepper 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

Gray Reed

Game Changer? New Sex Discrimination Case Regarding Sexual Orientation

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Discrimination based on sex is illegal. Does that include sexual orientation? It depends on where you live. In Texas, discrimination based on sexual orientation may be inappropriate, but it is not illegal. Elsewhere in the...more

Ballard Spahr LLP

The Split Deepens: 2nd Circuit Holds that Title VII Bans Sexual Orientation Discrimination

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The U.S. Supreme Court now has a greater incentive to resolve the issue of whether Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sexual orientation....more

Fisher Phillips

Title VII Evolution Continues: Another Appeals Court Finds Sexual Orientation Discrimination Actionable

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Another federal court of appeals decided today that Title VII covers claims of sexual orientation discrimination, continuing the evolution of workplace discrimination law that has begun to sweep over the country in recent...more

Baker Donelson

Circuit Split: Expansion of Title VII Protections and Sexual Orientation as a Subset of a Protected Class

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Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. Title VII has been supplemented via legislative action to also prohibit discrimination due to...more

Morgan Lewis

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

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The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

Mintz - Employment, Labor & Benefits...

EEOC Rules that “Sex” Encompasses Sexual Orientation Under Title VII; Ruling Helpful to LGBT Employees, But Not an End to the...

In a sweeping decision, the U.S. Equal Employment Opportunity Commission found that Title VII prohibits sexual orientation-based discrimination. Although the statute does not explicitly include sexual orientation as a...more

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