News & Analysis as of October 13, 2024

Civil Rights Act

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

EEOC Sues Two Employers for Sex Discrimination

U.S. Equal Employment Opportunity Commission... on 6/14/2024

Federal Agency Charges That the Companies Discriminated Against Employees Because of Their Sexual Orientation and/or Gender Identity - MOBILE, Ala. and CHICAGO – Harmony Hospitality LLC, which operates a Home2 Suites by...more

What Employers Need to Know About the EEOC's New Guidance on Workplace Harassment

FordHarrison on 5/2/2024

On March 29, 2024, the EEOC announced new guidance addressing harassment in the workplace, which goes into effect immediately. This guidance consolidates the EEOC’s previous guidance and incorporates new topics reflecting...more

Amerigo Italian Restaurant Owner Companies Pay $60,000 in EEOC Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 5/1/2024

Restaurant Settles Federal Charges It Subjected Gay Employee to Hostile Work Environment At Its Memphis Restaurant, Then Fired Him for Complaining - MEMPHIS, Tenn. – J.H.S. Holdings, LLC, and 4Top Hospitality Group, Inc.,...more

Pennsylvania Federal Court Allows Claims of Sex Discrimination by Cisgender Male to Move Forward

Goldberg Segalla on 4/19/2024

On April 4, 2024, the Honorable Judge Michael M. Baylson from the Eastern District of Pennsylvania partially granted and partially denied a motion to dismiss filed by a former employee who alleged discrimination by his...more

Sixth Circuit Requires Additional “Background Circumstances” Evidence for Heterosexual Plaintiffs Seeking to Prove Reverse Sexual...

Benesch on 12/27/2023

Earlier this month, the U.S. Court of Appeals for the Sixth Circuit upheld the dismissal of a sexual orientation discrimination claim brought by a heterosexual woman who was removed from her position and denied a promotion in...more

EEOC Sues TA Dedicated and TForce TL Holdings for Sexual Orientation Discrimination, Retaliation

U.S. Equal Employment Opportunity Commission... on 9/21/2023

Federal Agency Charges Trucking Companies Allowed Harassment, Termination of Gay Mechanics Because of Sexual Orientation - CLEVELAND – TA Dedicated, Inc. doing business as Transport America, and TForce TL Holdings USA,...more

#WorkforceWednesday: EEOC's LGBTQ+ Guidance Blocked, Employer COVID-19 Update, NYC Prepares for Pay Transparency Law - Employment...

Epstein Becker & Green on 10/12/2022

This week, we look at updates ranging from discrimination issues and COVID-19 guidance to local pay transparency law compliance. Federal Judge Blocks EEOC's LGBTQ+ Guidance The Equal Employment Opportunity Commission’s June...more

Do You Know Your Obligations to Transgender Employees and Job Applicants?

Stokes Wagner on 9/23/2022

The subject of transgender Americans has been raised a lot recently, sometimes in political contexts, but regardless of the politics, it is important for employers to understand their obligations with respect to transgender...more

EEOC Sues Aspire Nursing Homes for Sexual Orientation Discrimination

U.S. Equal Employment Opportunity Commission... on 8/10/2022

Maintenance Director Unlawfully Fired Because of His Sexual Orientation, Federal Agency Charged - COLUMBUS, Ohio – Aspire Regional Partners, Inc., MSTC Development, Inc., and their nursing homes known as the Northwood...more

Developments in the Law on Protections for LGBTQ+ Employees

Adler Pollock & Sheehan P.C. on 7/8/2022

The Supreme Court’s ruling in Bostock v. Clayton County,140 S. Ct. 1731, 1754 (2020) that expanded the prohibition against sex discrimination under Title VII (“Title VII”) of the Civil Rights Act to include discrimination on...more

OFCCP Week In Review: September 2021 #4

DirectEmployers Association on 9/27/2021

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 Chambers and Jennifer Polcer. In today’s edition, they...more

Fifth Circuit Court of Appeals Requires Transgender Plaintiffs to Identify Comparators to Establish Title VII Discrimination

Butler Snow LLP on 7/8/2021

This recent decision from the Fifth Circuit Court of Appeals confirms that plaintiffs claiming discrimination based on transgender status are subject to the same pleading and evidentiary requirements as other discrimination...more

[Webinar] LGBTQ+ Employment Law Roundup - June 23rd, 5:00 pm PT

Hinshaw & Culbertson LLP on 6/22/2021

Join Hinshaw and the LGBTQ+ Lawyers Association of Los Angeles on June 23, 2021, as we commemorate June Pride Month with a webinar featuring practical guidance on LGBTQ+ employment and workplace issues. This one-hour CLE...more

One Year Later: Have Employers Taken Stock Following Bostock?

Ward and Smith, P.A. on 6/18/2021

This week (specifically June 15, 2021) marked the one-year anniversary of the U.S. Supreme Court's landmark decision in the case of Bostock v. Clayton County, which outlawed sexual orientation or transgender status employment...more

OWN’s Greenleaf Presents Ministerial Exception Issue

FordHarrison on 2/10/2021

Based on praise from various friends and colleagues, the lovely Mrs. Reed and I recently began watching Greenleaf, a series on the Oprah Winfrey Network (OWN) that ran from 2016 to 2020....more

Biden Administration Issues Order on Gender Identity and Sexual Orientation

Morgan Lewis on 1/25/2021

As one of his first actions in office, President Joe Biden has issued an executive order ensuring that last year’s US Supreme Court decision in Bostock v. Clayton County is applied immediately and efficiently by all federal...more

[Webinar] Beyond Bostock: Protections and Barriers for the LGBTQ+ Community - October 8th, 12:00 pm - 1:00 pm EDT

Nelson Mullins Riley & Scarborough LLP on 9/25/2020

Please join Nelson Mullins and LGBTQ+ leaders as we kick-off Atlanta Pride weekend with an online discussion of the legal and political battles ahead in the aftermath of the Supreme Court’s Bostock decision and rethinking...more

From the Workplace to the Classroom – Bostock’s Potential Impact in Education

BCLP on 9/15/2020

The Supreme Court’s landmark decision in Bostock v. Clayton County, Georgia marks a turning point and milestone victory for the LGBTQ+ community. The decision will impact the fight to end discrimination based on gender...more

OFCCP Issues New Guidance on the Status of Non-Binary Employees in Affirmative Action Programs

Polsinelli on 9/10/2020

The Office of Federal Contract Compliance Programs (“OFCCP”) recently issued new FAQ guidance on how federal government contractors should treat non-binary employees (i.e., those who do not exclusively identify as either male...more

Court Revives Mr. Bostock's Sexual Orientation Lawsuit

Constangy, Brooks, Smith & Prophete, LLP on 8/28/2020

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

Federal Court Blocks HHS Rule on Sexual Orientation

Rivkin Radler LLP on 8/18/2020

The U.S. District Court for the Eastern District of New York has blocked the U.S. Department of Health and Human Services (HHS) from enforcing a new rule that limited sex discrimination in healthcare to discrimination based...more

Bostock: How Will the Supreme Court’s Landmark Civil Rights Decision Play Out In Sports?

Foley & Lardner LLP on 8/10/2020

On June 15, 2020, the U.S. Supreme Court issued a watershed decision in Bostock v. Clayton County, holding, for the first time, that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination in the...more

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

Fisher Phillips on 8/5/2020

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

June 2020: The Top 21 Labor And Employment Law Stories

Fisher Phillips on 8/3/2020

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

Supreme Court Rules 6-3: Sexual Orientation and Sexual Identity Discrimination Violates Title VII

Locke Lord LLP on 7/22/2020

On June 15, 2020, in a landmark 6-3 decision, the U.S. Supreme Court issued its highly anticipated opinion in Bostock v. Clayton County, Georgia holding that discrimination on the basis of sexual orientation or sexual...more

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