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Pregnant Employees Become the Subject of Heightened Attention and New...
Over the past decade, the number of claims pregnant workers have filed with the Equal Employment Opportunity Commission (“EEOC”) has risen by almost 50 percent, according to the National Women’s Law...
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Another Reminder That Inflexible Employment Policies and the ADA Don’t Play...
One theme that resonates throughout court decisions and EEOC filings over the last few years is that application of inflexible employment policies to disabled employees often runs afoul of the...
View ArticleThe EEOC Amplifies its Focus on Religious Discrimination
The U.S. Equal Employment Opportunity Commission (“EEOC”) received 3,721 charges alleging religious discrimination in fiscal year 2013. In partial response to these charges, earlier this month, the...
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Anti-Discrimination Laws Going “Intern”-ational? New York City Extends Its...
As we reported last October, a federal court in New York found that an unpaid intern could not bring a hostile work environment sexual harassment claim pursuant to the New York City Human Rights Law...
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Who Is Houston’s New “HERO”? Houston City Council Passes Sweeping Equal...
***UPDATE*** After the HERO ordinance was passed last May, opponents to the ordinance led a petition drive calling for a referendum or repeal. After the city disqualified some of the signatures on the...
View ArticleU.S. Supreme Court Refuses to Hear Petition that Proceeding as a Collective...
In the last week, we have seen several significant decisions from the U.S. Supreme Court. On Monday, however, the Court made a noteworthy “non-decision” by declining a petition for certiorari that...
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Thirty Years of Law in Thirty-Some Pages: The EEOC’s New Guidance on...
The Equal Employment Opportunity Commission (EEOC) recently issued its “Enforcement Guidance on Pregnancy Discrimination and Related Issues.” It was no minor undertaking. According to the EEOC’s...
View ArticleEmployees can have their transfer and sue you too!
A recent court decision allows employees who request a lateral transfer to later change their minds and sue for discrimination based on the very transfer they sought. So an employer’s claim that it...
View Article“Spacious Accommodations”: Supreme Court Breaks New Ground in Pregnancy...
On March 25, 2015, the U.S. Supreme Court, in a 6-3 decision, revived a pregnancy discrimination lawsuit brought by Peggy Young against United Parcel Service (“UPS”). The decision vacated the Fourth...
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Supreme Court Refs Call Foul on EEOC, NBA Playoff Edition
The heads of officiating at the Supreme Court called a technical foul on the EEOC for being too Cavalier about its obligation to conciliate before lacing up its Converse All-Stars and heading to court....
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OFCCP Issues New Sex Discrimination Rule
We have made progress as a country in opening career opportunities for women that were, for decades, the province of men. Yet, there is more work that lies ahead to eradicate sex discrimination. This...
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Financial Agencies’ Joint Diversity Standards Voluntary for Regulated Entities
Six federal financial agencies—the Federal Reserve Board, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, the...
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Transgender Issues in the Law and in the Workplace
UPDATE: On Friday, October 28, 2016, the Supreme Court granted certiorari in the Fourth Circuit case arising out of Virginia, which was discussed in our Sept. 21, 2016 blog post. The Fourth Circuit...
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EEOC Issues New Enforcement Guidance On National Origin Discrimination
On Nov. 21, 2016, the United States Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidance on national origin discrimination for the first time in 14 years. Some may...
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Recent Developments in Transgender Issues
UPDATE: Transgender Individuals Have Right to Choose Their Gender Appropriate Bathroom On May 30, 2017, in Ashton Whitaker v. Kenosha Unified School District et al., the Seventh Circuit upheld a...
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New York District Court Holds That Title VII Protects Against Sexual...
UPDATE: On May 22, 2017, in Melissa Zarda et al. v. Altitude Express d/b/a Skydive Long Island et al., the Second Circuit agreed to hold an en banc hearing to determine whether an estate for a gay...
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Massachusetts Supreme Court Holds Employee Can Pursue State Law Disability...
On July 17, 2017, the Massachusetts Supreme Judicial Court concluded that an employee could sue her employers for state law disability discrimination for failing to accommodate her use of medical...
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Massachusetts Pregnant Workers Fairness Act Will Be in Effect Before You Know It
As you may know, Massachusetts Governor Charlie Baker signed the Massachusetts Pregnant Workers Fairness Act in July, expanding state protections for pregnant women and new mothers, and setting new...
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UPDATE: The Second Circuit Finds Title VII Protects Against Sexual...
As we discussed in our May 22, 2017 blog post, the Second Circuit agreed to hold an en banc hearing to determine whether an estate for a gay man, who alleged he was terminated as a result of a...
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New York State (Finally) Passes Gender Expression Non-Discrimination Act
Last week, following 16 years of discussion and debate, the New York state legislature finally passed the Gender Expression Non-Discrimination Act (GENDA). The act would amend the state New York Human...
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