It's worth a read. The U.S. Equal Employment Opportunity Commission recently released a proposed Enforcement Guidance on Harassment in the Workplace, and it's quite good. Don't let the length intimidate you. If you aren't an...more
10/6/2023
/ Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Comment Period ,
Complaint Procedures ,
Corporate Counsel ,
Corrective Actions ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
LGBTQ ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Religious Accommodation ,
Religious Expression ,
Sexual Harassment ,
Transgender ,
Workplace Harassment Guidance
On Wednesday, the Michigan Supreme Court became the first state court system in the United States to adopt a rule regarding use of preferred pronouns in court proceedings. The rule, which will take effect January 1, states as...more
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
9/29/2023
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Artificial Intelligence ,
Bias ,
Coronavirus/COVID-19 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Harassment ,
Hiring & Firing ,
LGBTQ ,
Pregnancy ,
Retaliation ,
Salary/Wage History ,
Strategic Enforcement Plan ,
Vulnerable Victims
The lawsuit that transformed Title VII is over.
Remember Gerald Bostock?
He filed suit against Clayton County, Georgia, alleging that he was fired because of his sexual orientation....more
And opens up a can of worms.
In June 2021, the Equal Employment Opportunity Commission (or, to be more precise, EEOC Chair Charlotte Burrows, a Democrat*) issued non-binding guidance about LGBT workers. ...more
Plans for the "new" EEOC.
As I have posted many times, the Equal Employment Opportunity Commission still has a 3-2 Republican majority, but that will end in July, when former Chair Janet Dhillon's term expires. ...more
Here's what's been going on this week.
Some noteworthy labor and employment developments from the past week, in no particular order:
Court rules against Christian teacher who wouldn't use kids' names, preferred...more
7/16/2021
/ Americans with Disabilities Act (ADA) ,
Equal Employment Opportunity Commission (EEOC) ,
First Amendment ,
Gender Identity ,
Hostile Environment ,
LGBTQ ,
Ministerial Exception ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Religious Accommodation ,
Religious Schools ,
Sex Discrimination ,
Sexual Harassment ,
Title VII
In light of his Supreme Court win in June.
The U.S. Court of Appeals for the Eleventh Circuit has revived a Title VII lawsuit filed by Gerald Bostock, who had sued Clayton County, Georgia, alleging that the county terminated...more
8/28/2020
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Test your knowledge!
How much do you know about the rights of LGBT employees? Take our quiz and find out! As always, the answers will appear after each question, so you can cheat all you want, and we'll never know. At the...more
In a 6-3 decision written by Justice Neil Gorsuch, the U.S. Supreme Court ruled today that discrimination based on sexual orientation or gender identity is a form of “sex” discrimination prohibited by Title VII.
Justice...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
Almost all good news for employers.
DHILLON'S FIVE PRIORITIES-
Janet Dhillon, Chair of the U.S. Equal Employment Opportunity Commission, issued her priorities for the year 2020, and employers ought to like most of...more
A bit of impeachment/employment law trivia.
The famous (or infamous, depending on your leanings or whether you are the First Lady) Pamela Karlan, the Stanford Law professor who testified in favor of impeachment of...more
Who's the "swing vote," the "parade of horribles," and more.
I'm sorry that I haven't blogged lately, but duty called. I've missed you, dear readers!
As you all knew, the U.S. Supreme Court heard oral argument last week in...more
According to the DOJ.
I finally had a chance to read the brief of the Solicitor General in the R.G. & G.R. Harris Funeral Homes case, in which the Supreme Court will hear arguments on October 8....more
We should know today.
The U.S. Department of Justice is reportedly trying to get the Equal Employment Opportunity Commission to reverse its position on whether "sex" discrimination in Title VII encompasses LGBT...more
Mark your calendars!
Oral argument has been scheduled in two cases that will address whether Title VII prohibits discrimination based on sexual orientation or gender identity....more
7/10/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
The status, the arguments, and my predictions.
I've been waiting anxiously since September for the Supreme Court to agree to review three lower court decisions on whether LGBT discrimination violates Title VII of the Civil...more
Most charges were down, but sex harassment, LGBT charges were up.
On Wednesday, the Equal Employment Opportunity Commission released its charge-filing statistics for fiscal year 2018, which ran from October 1, 2017, through...more
Jack Phillips and the state of Colorado are going their separate ways.
Last August, I wrote about a new lawsuit filed by Jack Phillips, owner of Masterpiece Cakeshop, against the Colorado Civil Rights Commission.
Mr....more
Sort of.
On Wednesday, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) affirmed summary judgment against a transgender employee who claimed discrimination under...more
I'll believe it when I see it.
The U.S. Supreme Court was supposed to decide last Friday (November 30) whether to review three lower-court decisions addressing whether Title VII prohibits discrimination based on sexual...more
Delayed again!
Not long ago, I posted that the U.S. Supreme Court was going to consider tomorrow whether to review three court of appeals decisions addressing whether Title VII's ban on "sex" discrimination applies to...more
What are you thankful for this year? Here is my list.
No. 1. Absence of drama. Admittedly, the political scene has had more than its share of drama, but from a labor and employment law standpoint, this year has been...more
We may know by the end of this month.
According to a report in yesterday's Bloomberg BNA Daily Labor Report, the Supreme Court will consider, and hopefully decide, on November 30 whether to review lower court decisions...more
Nah. They'll just agree to disagree.
Wednesday was the deadline for the U.S. Department of Justice to respond to the petition for certiorari that was filed by R.G. & G.R. Harris Funeral Homes in the big transgender...more