As regular readers of our blog will already know, the issue of whether Title VII prohibits employment discrimination based on an employee’s sexual orientation or gender identity has been a hot topic in federal litigation for several years. Our blog has regularly covered these developments and often expressed that this question will likely require clarification
Fifth Circuit Says EEOC Cannot Use 2012 Criminal Background History Guidance — What Does this Mean?
On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking and enforcement power when it issued its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment
Reminder: Sex Discrimination is NOT the Solution to Sexual Harassment
A new article in Bloomberg details an unusual (to put it diplomatically) strategy that some male executives in the financial sector are using to avoid claims of sexual harassment:
No more dinners with female colleagues. Don’t sit next to them on flights. Book hotel rooms on different floors. Avoid one-on-one meetings.
In fact, as a
Latest Updates: Title VII and Gender Identity
It’s been a busy month for those keeping an eye on one of the most pressing questions in employment law: whether Title VII, which prohibits sex discrimination in employment, also inherently prohibits discrimination on the basis of gender identity.
Last week, the US Department of Justice argued to the Supreme Court that workplace discrimination on
Reminder: Religious Discrimination and Harassment Is Still A Serious Issue
When I get asked about non-discrimination and harassment prevention in the workplace, a significant proportion of these questions focus on race discrimination and sexual harassment. Still, employers should be mindful of other protected characteristics under federal and state law, even if charges and lawsuits on those bases are, statistically speaking, less frequent than others.
While
PHRC Will Accept Discrimination Complaints from LGBT Employees
The Pennsylvania Human Relations Commission (PHRC), Pennsylvania’s leading agency that investigates and enforces Pennsylvania’s employment discrimination laws, has voted to accept complaints of discrimination from lesbian, gay, bisexual, and transgender (LGBT) individuals. Specifically, the PHRC has stated it will interpret complaints alleging workplace discrimination against LGBT individuals to fall under state law prohibiting discrimination on
Michigan Commission: Sexual Orientation and Gender Identity Discrimination in Employment Prohibited
The Michigan Civil Rights Commission has taken significant action to clarify that its state statute prohibiting discrimination in employment on the basis of sex (among other characteristics) extends to prohibit employment discrimination based on orientation and gender identity:
The Michigan Civil Rights Commission voted 5-0 to approve a statement legally interpreting the Elliott-Larsen Civil Rights
Minnesota Proposes Sweeping Change for Sexual Harassment Lawsuits
Last week, Minnesota legislators introduced a bill to amend the definition of sexual harassment under state law. Indeed, this legislation has already received significant attention in the media throughout Minnesota. And although the bill adds only a single sentence to existing law, it has the potential to significantly reshape the legal landscape for employees who
7th Circuit Holds Title VII Protects Sexual Orientation; What Does It Mean for Your Workplace?
Recently, the United States Court of Appeals for the Seventh Circuit issued an opinion with significant employment law implications. As you might recall, a panel of the Seventh Circuit issued a split 2-1 decision a few months ago, holding that Title VII’s prohibitions against sex discrimination in employment did not extend to protect employees on
Employee Lawsuit Claims Discrimination Based on Her Husband’s Race (Or: Associational Race Discrimination 101)
Bloomberg BNA is out with a news story about a recent case filed in federal court in Georgia, which poses an interesting question: does Title VII protect an employee on the basis of his or her spouse being a member of a different race from the employee? Among the Circuit Courts of Appeals that have