On June 15, 2020, the Supreme Court of the United States issued a landmark decision in Bostock v. Clayton County, Georgia, holding that an employer who fires an individual based on the individual’s sexual orientation or gender identity violates the express terms of Title VII of the Civil Rights Act of 1964 (“Title VII”),
Title VII
Congress Responds to the Coronavirus
Responses to the coronavirus that directly impact employers are making their way through Congress. CBS and other news outlets are reporting on Congressional leaders’ negotiations regarding various measures that will directly impact employers. These measures include paid emergency sick leave and disaster unemployment assistance. See the attached link from CBS News regarding the Congressional response…
EEOC Sues United Airlines for Sexual Harassment Based on Employee “Revenge Porn”
Last week, the Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit against United Airlines, Inc. and alleged that United violated Title VII of the Civil Rights Act of 1964 (which prohibits employment discrimination based on sex, including sexual harassment) by subjecting a female flight attendant to a hostile work environment.
According to the EEOC, a…
Dads Have Rights, Too – Estée Lauder Companies will Pay $1.1 Million to Settle Class Sex Discrimination Lawsuit Filed by the EEOC
On July 17, 2018, the Equal Employment Opportunity Commission (“EEOC”) announced that Estée Lauder Companies will pay $1,100,000 and provide other relief to settle a class sex discrimination lawsuit filed by the EEOC.
In 2017, the EEOC filed suit against Estée Lauder in federal court in Pennsylvania. The EEOC alleged that Estée Lauder discriminated against…
TGIF! The End of an Action-Packed Few Weeks in Employment Law
It’s been a busy end of February. For employers, the past two weeks have included several notable decisions:
Dodd-Frank Does Not Protect In-House Whistleblowers
Last Wednesday, on February 21, 2018, the United States Supreme Court unanimously held that the anti-retaliation provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) does not…
Title VII Prohibits Employment Discrimination Based on Sexual Orientation, Says the Seventh Circuit
On April 4, 2017, the Seventh Circuit Court of Appeals ruled that sexual orientation discrimination is prohibited by Title VII of the Civil Rights Act of 1964.
As previously noted, there has been much debate among the courts regarding the meaning of the term “sex” under Title VII and whether discrimination based on sexual orientation…
Transgender Employee Restroom Access Rights Remain in Flux
As with any change in administration, this is a time of uncertainty. One example is the rights of transgender individuals to access certain restrooms in the workplace, which, based on recent events, will likely continue to be a source of uncertainty for many employers.
Federal law does not expressly prohibit discrimination based on transgender status. …
Transgender Rights Take Center Stage in Discrimination Lawsuit Filed Against Saks Fifth Avenue
On January 26, 2015, Saks Fifth Avenue withdrew a pleading that had sparked the attention of federal agencies and gender rights activists. In so doing, Saks abandoned its previously-pled position that Title VII of the Civil Rights Act of 1964, the federal anti-discrimination statute, does not protect transgender individuals. Gender rights activities tout the withdrawal…
EEOC Resolves to Protect LGBT Workers from Employment Discrimination in 2015
In recent months, the EEOC has made clear that protections for LGBT workers remains a priority for the EEOC. Before Thanksgiving, the EEOC published a document entitled “What you Should Know about EEOC and the Enforcement Protections for LGBT Workers,” in which the EEOC touted its enforcement efforts in this area and reaffirmed its commitment…