Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: “Title VII”

Employer Beware: Bad “optics” create hostile work environment?

Posted in Harassment, Sexual Torts
Yesterday, I posted about a disability discrimination case that the employer did not really screw up. Even so, a few less-than-optimal moves resulted in an adverse jury verdict that was upheld on appeal. In Chapter 2 of our series on “employers who didn’t really screw up but still lost” is a sexual harassment case that bothers me, involving… Continue Reading

Battle of the feds! DOJ, EEOC lock horns on sexual orientation bias

Posted in Discrimination, Sexual Orientation
Whoa. The U.S. Department of Justice and the Equal Employment Opportunity Commission are at cross purposes in the “gay skydiver” case. Are they ever. Do you remember Zarda v. Altitude Express? The U.S. Court of Appeals for the Second Circuit recently signaled that it might overrule its precedent holding that Title VII’s ban on sex discrimination… Continue Reading

Gender identity not covered by Missouri Human Rights Act, court says

Posted in Discrimination, Gender Identity Discrimination, Sexual Orientation
Last week, the Missouri Court of Appeals issued an opinion holding that gender identity is not covered by the prohibition on sex discrimination in the Missouri Human Rights Act. The opinion builds on a 2015 opinion from the same court, which held that sexual orientation was not covered under the MHRA. Last week’s opinion arose from… Continue Reading

EEOC sues over – get this – “Spanish-only” policy

Posted in Affirmative Action, Discrimination
Louise Davies is an Affirmative Action Paralegal in Constangy’s Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan College… Continue Reading

Happy 45th birthday, Title IX: You’ve changed a bit over the years

Posted in Discrimination, Gender Identity Discrimination, Harassment, Politics, Sexual Torts
LaLonnie wrote this post with Sandra Sok, who is clerking for the summer in our Denver Office. Sandra is a rising second-year student at the University of Colorado Law School. Before starting law school, she worked as a paralegal while earning her undergraduate degree from the University of California, Irvine. A law was born.  On June 23,… Continue Reading

BREAKING: Full Second Circuit to reconsider whether Title VII prohibits sexual orientation bias

Posted in Discrimination, Sexual Orientation
The U.S. Court of Appeals for the Second Circuit (Connecticut, New York, and Vermont) agreed yesterday to rehear en banc an appeal from the estate of a gay skydiving instructor who alleged he was fired after a customer complained about his sexual orientation. The case is Zarda v. Altitude Express. The issue to be decided by… Continue Reading

Weekly catch-up

Posted in Discrimination, HR, Immigration, Sexual Orientation
Attention, H-1B employers! The Trump Administration announced this week that it would take a closer look at employers who use workers with H-1B visas. Elizabeth Joiner has the details in this Immigration Dispatch. Sexual orientation discrimination does violate Title VII, appeals court says. This week’s decision from the U.S. Court of Appeals for the Seventh Circuit… Continue Reading

The Deep Dive: A closer look at the Seventh Circuit’s sexual orientation decision

Posted in Discrimination, Sexual Orientation
As we reported early this morning, the full U.S. Court of Appeals for the Seventh Circuit decided in Hively v. Ivy Tech Community College of Indiana that the prohibition in Title VII against discrimination based on “sex” encompasses discrimination based on sexual orientation. It is the first federal appellate court to do so, although recent… Continue Reading

BREAKING: Title VII bans sexual orientation bias, court finds

Posted in Discrimination, Sexual Orientation
The full U.S. Court of Appeals for the Seventh Circuit ruled yesterday that sexual orientation discrimination is indeed prohibited “sex discrimination” within the meaning of Title VII. The decision was issued in the case of Hively v. Ivy Tech Community College of Indiana. A three-judge panel of the Seventh Circuit had found last year that… Continue Reading

“Free to Be . . . You and Me”: The 11th Circuit’s strange LGBT decision

Posted in Discrimination, Sexual Orientation
This latest decision from the U.S. Court of Appeals for the Eleventh Circuit on sexual orientation discrimination is weird. A panel of the court found 2-1 in Evans v. Georgia Regional Hospital that the plaintiff did not have a valid Title VII claim against her employer for sexual orientation discrimination. Whether you agree with it or not,… Continue Reading

Daily Trumpdate (2): Victoria Lipnic named as acting chair of EEOC

Posted in Elections, Politics
Law360 reported this afternoon that Victoria Lipnic, who has served as one of the two Republican Commissioners of the Equal Employment Opportunity Commission during the Obama Administration, has been appointed by President Trump to be acting chair of the EEOC. Ms. Lipnic has been on record as opposing the EEO-1 compensation reporting requirement that was supposed… Continue Reading

Nitpicking the EEOC’s proposed guidance on harassment

Posted in Discrimination, Gender Identity Discrimination, Harassment, Sexual Orientation
This week, the Equal Employment Opportunity Commission issued a proposed Enforcement Guidance on workplace harassment. It’s 75 pages long, so a little too much to cover in a single blog post. The EEOC is seeking comments from the public until February 9, so I will start with the comment-worthy provisions. Next week, I’ll post about… Continue Reading

Employment and labor law developments (and a few other things) I’m thankful for

Posted in Affirmative Action, Discrimination, Elections, FOCUS, Gender Identity Discrimination, Labor Relations, Public Sector Employment, Settlements, Sexual Orientation
This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department of Labor’s new rule governing white-collar exemptions under the Fair Labor Standards Act was struck… 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

Court sets aside Title VII sexual orientation decision, agrees to rehear

Posted in Discrimination, Gender Identity Discrimination, Sexual Orientation
The full U.S. Court of Appeals for the Seventh Circuit has vacated Hively v. Ivy Tech Community College, which found that Title VII did not protect against sexual orientation discrimination. I wrote about the decision, issued by a three-judge panel of the Seventh Circuit, in August. The court will rehear the case with all of the… Continue Reading

Restroom use “catch 22” for transgender individuals violates Title VII, court says

Posted in Discrimination, Gender Identity Discrimination, Settlements
Roberts v. Clark County (NV) School District involved a female-to-male transgender police officer. Although the School District later changed its policy, when Bradley Roberts first told the District in 2011 that he was presenting as a male, he was told that he could not use the men’s room until he submitted proof of gender reassignment surgery.… Continue Reading

Hillary, or The Donald: A voting guide for employers

Posted in Benefits, Class actions, Discrimination, Equal Pay, Family and Medical Leave Act, Independent Contractor, Labor Relations, Lactation, Pregnancy, Sexual Orientation, Wage-Hour
As our regular readers know, Employment & Labor Insider is a non-partisan blog. But with the first Presidential debate coming on Monday night, I thought it would be helpful to look at the two major presidential candidates and their positions on issues of interest to employers. The following comes from each of the candidates’ websites, supplemented… Continue Reading

The EEOC’s defeat in Detroit: Pants, skirts, gender identity, and religion

Posted in Discrimination, Gender Identity Discrimination
UPDATE (10/17/16): As expected, the EEOC has appealed the District Court’s decision described below to the U.S. Court of Appeals for the Sixth Circuit. Last week, I reported that summary judgment was granted against the Equal Employment Opportunity Commission in its transgender discrimination lawsuit against R.G. and G.R. Harris Funeral Homes, linked to the decision… Continue Reading

BREAKING: Detroit-area funeral home wins in EEOC transgender case

Posted in Discrimination, Gender Identity Discrimination
Remember EEOC v. R.G. & G.R. Harris Funeral Homes? This was the transgender discrimination case brought by the Equal Employment Opportunity Commission against a suburban Detroit funeral home chain for allegedly discriminating against an employee after she began presenting as a female. It’s one of the few cases where the employer actually fought back, with the… Continue Reading

Huh? Title VII and sexual orientation bias, revisited

Posted in Discrimination, ENDA, Gender Identity Discrimination, Same-sex marriage, Sexual Orientation
UPDATE (10/14/16): The Hively decision discussed below was issued by a three-judge panel of the Seventh Circuit. This week, the full Seventh Circuit set aside the decision and agreed to rehear the case with all of the judges participating. Here is a copy of the order.  The U.S. Court of Appeals for the Seventh Circuit… Continue Reading

Hallelujah! 5 things about religion in the workplace that you may not have known

Posted in Discrimination, Harassment
Our friends at the Equal Employment Opportunity Commission have issued a Fact Sheet for young workers on religious discrimination in the workplace, which brought me back to the EEOC’s older Q&A and Best Practices on religious discrimination, harassment, and accommodation. The EEOC’s guidance is solid, reasonable, and consistent with most (if not all) of the… Continue Reading