News & Analysis as of

Sex Discrimination

Bradley Arant Boult Cummings LLP

Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim

Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more

FordHarrison

EEOC Submits Proposed 2024 EEO-1 Instructions to OMB

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The EEO-1 Report is an annual filing required by the Equal Employment Opportunity Commission (EEOC) that provides a summary of an employer’s workforce demographics. The Report includes information on a company’s workforce...more

TNG Consulting

The Vital Role of Transparency, Predictability, and Integrity for a Client-Turned-Consultant 

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As a first-generation college student, I never imagined myself attending college, much less pursuing a career in higher education. Everything changed when I met the dean of students at my college. Their ability to guide...more

Parker Poe Adams & Bernstein LLP

Prompt Response to Alleged Student Harassment Helps Defeat Title IX and Related Claims

Earlier this month, the Eleventh Circuit Court of Appeals (which includes Georgia) affirmed the dismissal of Title IX and Section 1983 claims filed by volleyball players against the University of South Alabama and its...more

Hahn Loeser & Parks LLP

Department of Justice Rescinds Prior Report About Race and Sex in Federal Contracting

On April 23, 2025, the United States Department of Justice announced that it is rescinding the January 31, 2022 Notice of Report on Lawful Uses of Race or Sex in Federal Contracting Programs (the “2022 Report”). The April 23...more

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

Sixth Circuit Upholds Pay Differential in Equal Pay Act Case: Budget Constraints and Market Forces at Play

The U.S. Court of Appeals for the Sixth Circuit recently upheld a jury verdict against a school psychologist who alleged she was paid less than a male colleague in violation of the Equal Pay Act. Notably, the court found that...more

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

Utah, West Virginia, and Wyoming Enact Laws Defining Male and Female

Utah, West Virginia, and Wyoming recently passed laws aligning with recent executive orders issued by President Donald Trump defining sex as binary and immutable....more

Berkshire

2024 EEO-1 Reporting Update

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The 2024 EEO-1 Component 1 data collection appears to be moving forward, according to documents recently submitted for approval by the White House Office of Management and Budget (OMB). According to the proposed 2024 EEO-1...more

TNG Consulting

An Enthusiastic Approach to Title IX 

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I earned my undergraduate degree from Georgia Southern University and my law degree from the University of Georgia. While in law school, I interned with Georgia Southern’s Legal Affairs Office as a Title IX and civil rights...more

Constangy, Brooks, Smith & Prophete, LLP

Can you take action against an employee for being a pain in the you-know-what?

At least one court says yes. True confession: When I was a little future lawyer, I was sometimes a pain. (So, Robin, you’re saying your personality hasn't changed in all these years?) When I was being especially “high...more

DCI Consulting

Four Top Law Firms Sign Settlement with EEOC on DEI

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On Friday, April 11, 2025, the Equal Employment Opportunity Commission (EEOC) issued an announcement that they have settled with four “BigLaw” firms over diversity, equity, and inclusion (DEI) practices. The settlement, which...more

Carlton Fields

Florida Appeals Court Decisions Week of April 7 - 11, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Bilotti v. Fla DOC - postconviction relief - DeMarcus v. Univ of S Ala - Title IX, § 1983, volleyball coach, mistreatment - Joseph v. Bd of Regents Univ Ga - en banc denial,...more

Proskauer - California Employment Law

Court Reverses $10 Million Sexual Harassment Verdict Due To Judge’s “Bizarre Comments”

On April 7, 2025, the California Court of Appeal reversed a whopping $10 million verdict in favor of an employee in a sexual harassment case due to the trial judge’s improper evidentiary rulings and inappropriate comments...more

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

Epstein Becker & Green

The Third Circuit Orders Another Review in Cornelius v. CVS Pharmacy, Inc.—Resolution Will Wait for Another Day in New Jersey...

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Case law related to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) continues to develop.  In late 2024, the Third Circuit seemed poised to bring further clarity as to which...more

Zuckerman Spaeder LLP

What Is Illegal DEI? Employers and Workers Are Still Looking for Answers

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Five years ago, companies were eager to adopt diversity, equity, and inclusion (DEI) programs. Now, the pendulum has swung in the other direction. DEI programs are under attack, and employers are trying to figure out what...more

Woods Rogers

Pay Equity Audits: It’s Time to Put Your Money Where Your Mouth Is

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Despite a growing patchwork of pay transparency laws, the gender pay gap in the United States remains mostly stagnant. The Equal Pay Act of 1963 (EPA), enacted as an amendment to the Fair Labor Standards Act, prohibits...more

Fox Rothschild LLP

Trump Administration Launches Title IX Investigations Team to Accelerate Enforcement

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The Trump administration has announced the creation of a Title IX Special Investigations Team (SIT) to respond to a surge in Title IX complaints and carry out enforcement of several of President Trump’s executive orders. ...more

Troutman Pepper Locke

New Leaders, New Focus: Navigating EEOC Updates

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Since taking office, President Trump has issued a flurry of terminations and appointments at different administrative agencies, including the Equal Employment Opportunity Commission (EEOC)....more

DCI Consulting

Job Relatedness and Adverse Impact: What's Legal and What's Not

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The concept of adverse impact under Title VII of the Civil Rights Act (Title VII) is widely misunderstood. Adverse impact occurs when a seemingly neutral employment practice disproportionately (i.e. statistically) screens out...more

TNG Consulting

Empowered and Ready: How Every ATIXA Interaction Motivates Me 

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Everything changed on April 4, 2011, when the Department of Education released the Dear Colleague Letter (DCL). I was the Director of the Office of Institutional Equity at the University of Arizona for this watershed moment...more

Ius Laboris

Crowned With Curls : Intersectionality and Women of Colour in the Workplace

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March is a month dedicated to a number of social issues relating to diversity, inclusion and human rights. They include International Women’s Day, Black History Month and Zero Discrimination Day: all of which are moments to...more

Montgomery McCracken

Challenge to State Regulatory Rules Offering Protections for LGBTQ+ Students Filed in Pennsylvania Commonwealth Court

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When we wrote in August about the impact of the Supreme Court’s Loper-Bright decision on the various federal district court rulings invalidating the Department of Education’s 2024 Title IX regulations, we reminded readers...more

FordHarrison

The New Presidential Directive on Gender Identity: The Next Steps for Florida Employers

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On January 20, 2025, President Trump enacted Executive Order (EO) 14168, which is titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This EO mandates that various...more

Kohrman Jackson & Krantz LLP

False Title IX Claims and Allegations: Understanding the Consequences and Legal Recourses

Title IX is a federal law that requires educational institutions and programs that receive federal funding to ensure sex discrimination does not interfere with their studies and extracurricular activities. The law was pivotal...more

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