Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: “Third Circuit”

Gender dysphoria: Is it an ADA-protected disability?

Posted in Americans with Disabilities Act, Gender Identity Discrimination
As our readers know, discrimination against transgender individuals is often treated as sex discrimination under Title VII, as a form of unlawful “sex stereotyping.” But is it also a “disability” within the meaning of the Americans with Disabilities Act when an individual identifies with a gender other than his or her biological one? Transgender individuals… Continue Reading

Oh, wait a minute — sexual orientation bias DOES violate Title VII?

Posted in Gender Identity Discrimination, Harassment, Sexual Orientation
Feeling whipsawed? Last summer, I reported on the Hively v. Ivy Tech decision, in which a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that discrimination based on sexual orientation is not “sex discrimination” or unlawful sex stereotyping that violates Title VII. That decision has since been vacated, and the case will… Continue Reading

Weekly catch-up

Posted in Franchise
Our Franchise Industry Group is out with a new bulletin this week, discussing the recent decision from the U.S. Court of Appeals for the Third Circuit in Williams v. Jani-King. The plaintiffs in this case, former franchisees, claim that they and other franchisees are actually misclassified “employees” of Jani-King, the franchisor. Although the court hasn’t made… Continue Reading