News & Analysis as of

Split of Authority Employer Liability Issues Sex Discrimination

Lathrop GPM

Title VII & Lateral Transfers - Treacherous Territory after United States Supreme Court Ruling

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The United States Supreme Court recently settled a circuit split concerning when an involuntary lateral transfer may violate Title VII of the Civil Rights Act of 1964. The Court’s opinion in Muldrow v. City of St. Louis...more

Jenner & Block

Client Alert: The Supreme Court Issues Narrow Ruling in Title VII Case, Muldrow v. City of St. Louis

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On April 17, 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, a closely watched employment discrimination case. In a unanimous opinion written by Justice Kagan, the Court reversed the Eighth...more

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

Supreme Court Rules Employees Need Not Show Transfer Caused ‘Significant’ Harm For Title VII Claims

On April 17, 2024, the Supreme Court of the United States held that an employee challenging a job transfer in an unlawful employment discrimination claim under Title VII of the Civil Rights Act of 1964 must show that the...more

Polsinelli

Unanswered Questions in Light of Supreme Court’s Title VII Ruling

Polsinelli on

In Bostock v. Clayton County, Georgia, the United States Supreme Court held that “an employer who fires an individual merely for being gay or transgender violates Title VII.”  With its decision, however, the Supreme Court...more

Fisher Phillips

November 2018: The Top 12 Labor And Employment Law Stories

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Federal Court Rulings Growing in Favor of LGBT+ Employees

As members of the lesbian, gay, bisexual and transgender community (LGBT+) are increasingly open at work about their identities, circuit courts are recognizing that Title VII of the Civil Rights Act protects them from...more

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

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges...more

Parker Poe Adams & Bernstein LLP

Second Circuit Says Title VII Prohibits Sexual Orientation Discrimination

In a major decision, the full Second Circuit Court of Appeals became the second federal appellate circuit to conclude that Title VII’s prohibitions against sex discrimination also apply to discrimination and harassment claims...more

Benesch

Title VII Prohibits Employment Discrimination Based on Sexual Orientation – So Says the 2nd Circuit

Benesch on

On February 26, 2018, the full Second Circuit Court of Appeals held that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on an employee’s “sexual orientation.” This decision, Zarda v. Altitude...more

Eversheds Sutherland (US) LLP

Circuit split grows - Second Circuit expands protection under Title VII based on sexual orientation

On February 26, 2018, the US Court of Appeals for the Second Circuit became the second federal circuit to hold that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits sexual orientation discrimination. In...more

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

Missouri Court Tackles Sex Stereotyping, Highlights Sexual Orientation and Gender Identity Issues

While nearly half of all states expressly prohibit discrimination based on sexual orientation and/or gender identity, Missouri is not one of those states. However, the Missouri Court of Appeals recently issued a decision in...more

Baker Donelson

Circuit Split: Expansion of Title VII Protections and Sexual Orientation as a Subset of a Protected Class

Baker Donelson on

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. Title VII has been supplemented via legislative action to also prohibit discrimination due to...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Eleventh Circuit Denies Sexual Orientation Discrimination Claim, but Is This the Final Word?

If you have been keeping track of how the federal courts have handled employment discrimination claims under Title VII of the Civil Rights Act of 1964 (and we know you have), you have probably noticed that many courts have...more

Miles & Stockbridge P.C.

Sexual Orientation Discrimination Is Sex Discrimination in Employment, Seventh Circuit Says

The stage has been set for the Supreme Court to consider whether sexual orientation is protected sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Sitting en banc last week, the Seventh Circuit...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says Sexual Orientation Protected Under Title VII

On Tuesday, the full Seventh Circuit Court of Appeals concluded that Title VII of the Civil Rights Act of 1964’s prohibition against sex discrimination also includes protections against employees being discriminated against...more

Williams Mullen

The Seventh Circuit’s Big Decision: Sexual Orientation Discrimination Is Prohibited By Title VII

Williams Mullen on

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit (covering Illinois, Indiana, and Wisconsin), sitting en banc, handed down what is being called a monumental decision in the development of legal...more

Poyner Spruill LLP

Sexual Orientation Moves One Step Closer to Being a Protected Characteristic

Poyner Spruill LLP on

Federal law protects applicants and employees from negative treatment in connection with their employment, where that negative treatment is based on a protected characteristic. Traditionally, courts have interpreted the...more

Genova Burns LLC

Second, Eleventh and Seventh Circuits Disagree Whether Title VII Extends to Claims of Sexual Orientation Discrimination

Genova Burns LLC on

On March 27 the Second Circuit held that Title VII does not provide protection against workplace discrimination based on sexual orientation. In Christiansen v. Omnicom Group Inc., the plaintiff alleged that his employer...more

Miller Canfield

7th Circuit Becomes First Appellate Court To Extend Title VII Protection To Sexual Orientation

Miller Canfield on

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit, sitting en banc, issued a landmark opinion becoming the first appellate court to hold that Title VII of the Civil Rights Act prohibits...more

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

Seventh Circuit Finds Sexual Orientation Discrimination Is Sex Discrimination Under Title VII, SCOTUS Review Likely

On April 4, 2017, the Seventh Circuit Court of Appeals issued its highly anticipated en banc decision in Hively v. Ivy Tech Community College of Indiana, making the Seventh Circuit the first federal appellate court to find...more

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