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Supreme Court of the United States › Sexual Harassment

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Venable LLP

Title IX's Final Rule Enforceability Still in Flux

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Not long ago we wrote about the significant changes to Title IX's regulations in the Department of Education's final rule set to go into effect this year (the Final Rule). Primary and secondary schools and institutions of...more

Seward & Kissel LLP

Employment Litigation Roundup: August 2024

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In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Rejects Education Department’s Bid to Stay Injunctions Barring Enforcement of New Title IX Rules

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The Court’s decision leaves in place injunctions barring ED from enforcing the new regulations in over 20 states and against nearly 700 institutions of higher education. The Education Department (ED) released new Title IX...more

Benesch

Frozen at the Starting Line: Biden’s New Title IX Rules Blocked in Majority of States as Schools Torn Between Trump Initiatives...

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Twenty-six states filed litigation in courts nationwide to prevent the enactment of President Biden’s April 2024 revisions to the Title IX statute aimed at increasing protections for LGBTQIA+ athletes, pregnant and parenting...more

Proskauer Rose LLP

California Employment Law Notes - July 2024

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Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more

Littler

Littler Lightbulb: June Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Miles Mediation & Arbitration

Arbitrability of Sexual Harassment and Sexual Discrimination Cases: Litigating in an Alternative Universe

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It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more

DirectEmployers Association

OFCCP Week In Review - May 2024 #4

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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 J. Chambers and Cynthia L. Hackerott. In today’s...more

Foley & Lardner LLP

Navigating the Rock & the Hard Place: Conflicting Federal and State Mandates for LGBTQ Employees

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“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more

Foley Hoag LLP

EEOC Releases Updated Guidance on Workplace Harassment

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance sets forth the EEOC’s position on harassment that constitutes...more

ArentFox Schiff

EEOC Finalizes Long-Delayed Harassment Guidance

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On April 29, the US Equal Employment Opportunity Commission (EEOC) published its final guidance on workplace harassment. The final guidance addresses key updates in harassment law, including the US Supreme Court’s decision...more

Bass, Berry & Sims PLC

Supreme Court Holds That Employees Need Not Show “Significant” Harm to Support a Title VII Discrimination Claim Based on a Job...

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In a recent decision, the United States Supreme Court ruled that a lateral job transfer can – in certain circumstances – be an illegal adverse action and support a claim for a lawsuit for unlawful discrimination. This...more

Foley & Lardner LLP

Ongoing Battles Remind Employers to Carefully Consider Their Approach to Arbitration Agreements

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Hop into the time machine with me so I can take a quick victory lap before I revert to being the ever-cautious counselor. Way back in October 2019, I not-so-subtly indicated my belief that a California statute banning...more

Poyner Spruill LLP

Impending EEOC Harassment Guidance Could Mean Policy Changes for Employers

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The United States Equal Employment Opportunity Commission (“EEOC”) released proposed guidance on September 29, 2023, that explains the legal standards imposed and outlines employer liability with respect to harassment claims...more

Littler

Littler Lightbulb – April Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month. ...more

Smith Debnam Narron Drake Saintsing & Myers,...

Supreme Court Weighs in on Arbitration of Employment Disputes

Smith Debnam Narron Drake Saintsing & Myers,... on

In March 2022, we reported on landmark legislation that paved a clearer path for individuals to pursue workplace sexual harassment and sexual assault claims in court. The Ending Forced Arbitration of Sexual Assault and Sexual...more

Jackson Lewis P.C.

Class Action Trends Report June 2022

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In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault...more

TNG Consulting

U.S. Supreme Court Seems Likely to Review “One Free Rape Rule” Under Title IX

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The Supreme Court regularly hears petitions for certiorari, which is the formal term for its decision to accept cases. The court only “grants cert” in about one percent of cases each year. In May, the U.S. Supreme Court...more

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

Beltway Buzz - March 2022

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President Joe Biden delivered his first State of the Union Address this week. Though it was easy to miss in the speech, workplace policy observers may have noticed that the president briefly pushed for passage of the Paycheck...more

Fisher Phillips

The Top 17 Workplace Law Stories from February 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Sands Anderson PC

Law Invaliding Arbitration Agreements For Sexual Harassment Claims Passes Congress

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The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 has passed Congress and President Biden is expected to sign it into law. The Act invalidates the enforcement of pre-dispute arbitration...more

Snell & Wilmer

Claims of Sexual Misconduct Can No Longer Be Forced Into Mandatory Arbitration

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The majority of U.S. employers have elected to adopt the use of mandatory arbitration agreements, requiring that all employment-related claims be arbitrated and not litigated. Pursuant to a series of landmark United States...more

Smith Debnam Narron Drake Saintsing & Myers,...

Multiple Avenues Exist for Proving Same-Sex Harassment Claims

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The Fourth Circuit Court of Appeals, which presides over federal district courts in North Carolina, South Carolina, and Virginia, recently joined several other circuit courts in determining that plaintiffs who allege same-sex...more

Pullman & Comley - School Law

OCR and DOJ Issue Clear Guidance that Denying Transgender Students Access to the Bathroom and Sports Team Corresponding to Their...

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On June 22, 2021, the United States Department of Education, Office of Civil Rights (“OCR”) and the U.S. Department of Justice, Civil Rights Division (“DOJ) issued a joint Fact Sheet addressed to elementary and secondary...more

Morrison & Foerster LLP - MoFo+

The Gender Divide: When Legal Standards Are Not “Standard”

Morrison & Foerster LLP - MoFo+ on

The inequality of men and women under the Constitution has been a hot-button issue for decades, and doesn’t appear to be going away fast enough. Shifting legal standards have made defining, reporting, and prosecuting gender...more

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