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Gender Discrimination

Benesch

University of Oregon Title IX Suit Presses Forward…Women Athletes Successfully Argue for Case to Continue Amid Photo Comparisons...

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An Oregon federal judge denied the University of Oregon’s motion to dismiss the lawsuit accusing the University of disproportionate investment in women’s sports and “glaring inequalities in facilities, finances, and...more

Littler

Littler Lightbulb – March 2025 Employment Appellate Roundup

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Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more

Allen Matkins

Intentionally Discriminatory Public Offering Stalled At The SEC

Allen Matkins on

In this February post, I pondered the question of whether an issuer could allocate shares on the basis of race, gender or ethnicity.  That post was inspired by the case of  Glennon v. Johnson, U.S. Dist. Ct. Case No....more

Fisher Phillips

Plaintiff’s Attorney Fee Recovery Slashed in Half Even After Massachusetts Trial Win: A Lesson for Employers

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A Massachusetts jury found that a Boston hospital retaliated against a former employee – but a court ruling just capped the plaintiff’s attorney fee recovery at less than half of what she sought. Why? Because the employer...more

Littler

The Netherlands: Current Situation Regarding the Implementation of the Pay Transparency Directive

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Entered into force on June 7, 2023, the European Pay Transparency Directive aims to further close the gender pay gap that still exists in Europe and increase transparency about pay. By way of illustration, in 2024, women in...more

Littler

EU Pay Transparency Directive in Poland: What Does Pay Equality Mean for Employers and Employees?

Littler on

The EU directive on pay transparency raises many concerns, primarily because its implementation may complicate Polish laws, which so far have not regulated the issue of pay equality in the same way that gender pay has long...more

Bricker Graydon LLP

Executive Order 14168’s Potential Impact on the Private Sector

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On January 20, 2025, President Trump issued Executive Order 14168 titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” ...more

Seyfarth Shaw LLP

HHS’ Withdrawal of 2022 Guidance Raises Questions about Coverage for Gender-Affirming Care

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In a move with potentially significant implications for entities subject to the Affordable Care Act, the Department of Health and Human Services (HHS) has reversed course and now contends that Section 1557 of the Affordable...more

Nilan Johnson Lewis PA

Trump Administration Attacks Pay Equity Practices

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Employers have seen a whirlwind of activity from the Trump administration during its first month in office. The Administration has issued Executive Orders and other guidance impacting a myriad of employment issues. Employers...more

Bradley Arant Boult Cummings LLP

Time Was Not on Her Side: 5th Circuit Rules Unpaid Mentor’s Claim of Discrimination Is Untimely

In Title VII actions, plaintiffs have a limited amount of time to file a charge of discrimination (or a court can dismiss the case as untimely). In the case of Wells v. Texas Tech University, the timeliness dynamic was...more

Katten Muchin Rosenman LLP

Working Mothers: Workplace Travel Requirements Do Not Automatically Amount to Indirect Discrimination

Ms Perkins (the Claimant) was employed as head of Enforcement Local Taxation in the Helmshore office of MH Ltd’s enforcement company (the Company). The Company restructured its enforcement services so that work in Darlington,...more

Lighthouse

Gender Equality Can’t Wait: Perspectives on Accelerating Action for Women

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For International Women’s Day, we highlight nine leading women from legal and eDiscovery who share their unique perspectives on furthering equity and accelerating action for women....more

Littler

Gender Discrimination in Company Pension Schemes in Germany: Need for Action and Cost Risks

Littler on

The EU Pay Transparency Directive imposes a need for companies in the European Union to take action. Employee comparison groups must be established to identify potential gender pay gaps. Employees are granted extensive and...more

Seyfarth Shaw LLP

New Visa Restrictions Target Transgender Athletes, Raising Title IX and Compliance Concerns for Colleges

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On February 24, 2025, Secretary of State Marco Rubio directed the State Department to deny visas to transgender athletes if their sex marker does not align with their sex assigned at birth. His directive, 25 STATE 15576,...more

Carlton Fields

Portions of DEI Executive Orders Blocked by Federal Judge

Carlton Fields on

President Trump’s executive orders have spurred a slew of litigation, including a lawsuit challenging two orders that focus on diversity, equity, and inclusion (DEI) practices in the federal government and federally funded...more

Ballard Spahr LLP

Court Enjoins Bulk of President Trump’s DEI Executive Order, Democratic State AGs Offer Guidance on ‘Lawful’ Practices

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Reverberations from the Trump administration’s recent executive order (EO) denouncing diversity, equity, and inclusion (DEI) practices intensified Friday when a federal judge in Baltimore issued a nationwide preliminary...more

BakerHostetler

The New EEOC Enforcement Agenda

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After being named by President Donald Trump as the acting chair of the EEOC in January, Andrea Lucas is moving quickly to create a new agenda for the commission, one that departs sharply from priorities set during the Biden...more

Ius Laboris

What Holds Women and Girls Back in Science?

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Today, as the world marks the 10th anniversary of the UN International Day of Women and Girls in Science, it's a chance to take stock of where we stand. Back in 2015, the United Nations General Assembly established this day...more

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

Trump Administration Says Title IX Does Not Apply to NIL Pay, Rescinds Recent Guidance

On February 12, 2025, the U.S. Department of Education under the Trump administration rescinded recent guidance that name, image, and likeness (NIL) payments to college athletes implicate the gender equal opportunity...more

Littler

Trump Bans Transgender Women Athletes from Participating in Athletics

Littler on

In the latest slew of executive orders affecting educational institutions, on February 5, 2025, President Trump signed an order titled, “Keeping Men Out of Women’s Sports.” This order states, “it is the policy of the United...more

CDF Labor Law LLP

Attorney General Issues Memo Stating that Illegal DEI and DEIA Programs in Private Sector Will Be Prosecuted

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The day after her nomination was confirmed last week, Attorney General Pam Bondi issued a memorandum to all Department of Justice employees on Wednesday, February 5th, stating that the USDOJ’s Civil Rights Division will begin...more

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

NCAA Bars Transgender Athletes from Women’s Sports Aligning With President Trump’s Executive Order

On February 6, 2025, the National Collegiate Athletic Association (NCAA) announced its new policy, prohibiting athletes assigned male at birth from participating in women’s sports competitions, aligning the NCAA eligibility...more

Miller Nash LLP

New Executive Order “Keeping Men Out of Women’s Sports” Creates Challenging Questions for Oregon School Districts

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On February 5, 2025, President Trump issued an Executive Order (EO) entitled Keeping Men Out of Women’s Sports. This EO expresses strong disapproval of policies allowing transgender girls and women to participate on girls’...more

Maynard Nexsen

President Trump Rescinds Executive Order 11246, Impacting Federal Contractor Affirmative Action Requirements

Maynard Nexsen on

On January 21, 2025, President Donald Trump signed an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” In section 3 of the EO, President Trump rescinded Executive Order 11246,...more

Offit Kurman

The Impact of Transgender Executive Order on New York Residents

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On January 20th, President Trump issued an executive order entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Trust to the Federal Government.” The executive order included provisions for the...more

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