News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Title VII Protected Class

Constangy, Brooks, Smith & Prophete, LLP

The inexorable zero. The assault on workplace DEI. And four tips for avoiding the attack.

Inexorable. Something that cannot be moved, stopped, persuaded, or altered. In Title VII parlance, the "inexorable zero" is the complete absence of a protected group from a workforce or job classification. When accompanied...more

Holland & Knight LLP

When Social Media Posts Become Workplace Harassment

Holland & Knight LLP on

The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares...more

Husch Blackwell LLP

EEOC Finalizes Workplace Harassment Guidance

Husch Blackwell LLP on

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment, effective immediately. Guidance on this topic had not been updated since 1999. The EEOC received...more

Amundsen Davis LLC

EEOC Takes More Aggressive Stance on Discrimination Lawsuits

Amundsen Davis LLC on

On September 29 the EEOC issued a press release declaring it filed “143 new employment discrimination lawsuits in fiscal year 2023, noting that is more than a 50% increase over fiscal year 2022 suit filings.” The release also...more

Miles & Stockbridge P.C.

EEOC-Proposed Workplace Harassment Guidance Broadens Definition of ‘Harassment’

Miles & Stockbridge P.C. on

The Equal Employment Opportunity Commission (EEOC) released earlier this month updated proposed guidance on harassment in the workplace, largely based on developments in applicable case law and societal trends coming out of...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Upholds Bostock Exemption for Religious Nonprofits

The U.S. Supreme Court’s Bostock v. Clayton County decision recognized discrimination on the basis of sexual orientation and gender identity as forms of sex discrimination, essentially incorporating such claims into Title...more

Husch Blackwell LLP

Seventh Circuit Upholds Exclusion of Pregnant Workers from Temporary Alternative Duty Policy

Husch Blackwell LLP on

In a recent decision, the United States Court of Appeals for the Seventh Circuit held that an employer did not violate the Pregnancy Discrimination Act (PDA) despite excluding pregnant workers from its “Temporary Alternative...more

Bowditch & Dewey

EEOC Issues Guidance Regarding COVID-19 Caregiver Discrimination

Bowditch & Dewey on

The EEOC recently issued guidance regarding COVID-19 caregiver discrimination. This guidance reiterates previously-issued guidance (Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving...more

Parker Poe Adams & Bernstein LLP

House Passes Bill Prohibiting Hairstyle Discrimination in Employment

Last week, the U.S. House of Representatives approved the Creating a Respectful and Open World for Natural Hair, or CROWN Act. The bill would add a new protected classification to federal employment and other discrimination...more

BCLP

Q&A COVID Workplace Vaccine Issues for U.S. Employers

BCLP on

As COVID-19 vaccines become more widely available and efforts are underway to increase dissemination, employers are considering whether to require employees to be vaccinated in order to be present on Company property. This...more

BCLP

Coronavirus (US): Key vaccination issues for employers - Part 1

BCLP on

As COVID-19 vaccines become more widely available and efforts are underway to increase dissemination, employers are considering whether to require employees to be vaccinated in order to be present on Company property. This...more

Fisher Phillips

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

Fisher Phillips on

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...

Seyfarth Shaw LLP on

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

Akin Gump Strauss Hauer & Feld LLP

Amendments to State Human Rights Law Will Impact New York Companies

• Amendments to the New York State Human Rights Law (NYSHRL) lower the bar for employees and individual nonemployees pursuing discrimination and harassment claims. • In several respects, the amendments align the NYSHRL...more

Akerman LLP - HR Defense

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

Akerman LLP - HR Defense on

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

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...

Foley & Lardner LLP on

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

Stinson LLP on

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

Gray Reed on

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

Ballard Spahr LLP on

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

Fisher Phillips on

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

Cozen O'Connor

I-21 – Sexual Harassment (Still), Political Tweeting, and Intersectional Discrimination

Cozen O'Connor on

Good faith and timing means everything in employment law. This episode of Employment Law Now provides an update from DC, discusses questions employers should be asking in today’s climate of troubling sexual harassment news,...more

Seyfarth Shaw LLP

TITLE VII: Court Breaks from Department of Justice on Transgender Rights

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the first case following the Department of Justice’s pronouncement that Title VII does not prohibit discrimination against transgender persons on the basis of gender identity, a court in the Western...more

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