Category Archives: Discrimination

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Seventh Circuit Breaks New Ground: Sexual Orientation Discrimination Prohibited by Title VII

In a landmark decision reflecting a potential turning of the tide for the LGBT community, the U.S. Court of Appeals for the Seventh Circuit has become the first federal appeals court in the nation to hold that discrimination on the basis of sexual orientation is a form of sex discrimination prohibited by Title VII. Hively … Continue Reading

11th Circuit Joins Others in Holding Sexual Orientation Discrimination Not Covered by Title VII

Joining nearly all other federal circuit courts, the U.S. Court of Appeals for the Eleventh Circuit has held that Title VII does not cover discrimination based on sexual orientation. Evans v. Georgia Regional Hospital, 2017 WL 943925 (11th Cir. March 10, 2017). While closing the door on Title VII sexual orientation discrimination claims, the court re-affirmed that … Continue Reading

EEOC Giving More Thought to Mental Health Conditions

The U.S. Equal Employment Opportunity (EEOC) this week issued a publication addressing the rights of employees and applicants with mental health conditions under the Americans with Disabilities Act (ADA). The publication, entitled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights,” can be found here.… Continue Reading

Seventh Circuit: Title VII Offers No Protection Against Sexual Orientation Discrimination

In the midst of a legal, political and cultural landscape expanding the rights of LGBT individuals, the Seventh Circuit U.S. Court of Appeals has held to prior precedent in reaffirming that Title VII does not prohibit sexual orientation discrimination. Kimberly Hively v. Ivy Tech Community College, __ S.Ct. __, No. 15-720 (July 28, 2016).  According … Continue Reading

Love It or Leave It: Leaves of Absence the Focus of EEOC’s New ADA Accommodation Guidance

It is a rare employer that has not fielded employee requests for time off to address a health concern. The requests can come in many shapes and sizes: weeks or months of leave, a few days of leave, sporadic days off here and there, taking certain hours off each day, rest breaks throughout the day, or any combination thereof. … Continue Reading

New Regulations Implementing California’s Fair Employment and Housing Act Go Into Effect April 1, 2016

California’s Fair Employment and Housing Act (“FEHA”) prohibits discrimination, retaliation, and harassment in the workplace. Recent amendments to FEHA’s implementing regulations issued by the California Department of Fair Employment and Housing include significant new obligations for employers, and clarify a range of important issues. The amendments take effect on April 1, 2016. The full text … Continue Reading

California Adopts Most Stringent Equal Pay Law in the Nation

California’s new Fair Pay Act amends existing law to enact what is widely being considered as the most stringent equal pay law in the country.  The Fair Pay Act will amend existing law in a number of significant ways, making it easier for employees to bring equal pay suits against their employers.  Under previous law, … Continue Reading

California Employers Face New Restrictions on E-Verify Use

California employers, take note: On October 9, 2015, California Governor Jerry Brown signed into law AB 622, a bill that prohibits California employers from using the federal E-Verify system for most current employees and applicants. The E-Verify system, administered by the U.S. Citizenship and Immigration Services, allows employers across the country to confirm that applicants … Continue Reading

Employment Law Highlights from the Supreme Court’s Current Term

Employment law loomed large on the Supreme Court’s docket this term. In seven highly anticipated cases, the Court interpreted federal employment statutes from Title VII and the Pregnancy Discrimination Act to FLSA and ERISA. While employers received favorable rulings in some cases, the Court’s decisions regarding religious discrimination and the accommodation of pregnant workers could impact … Continue Reading

Indiana Amends Religious Freedom Restoration Act to Prohibit Discrimination

On April 2, 2015, following the controversy stemming from the recent signing of the Indiana Religious Freedom Restoration Act (IRFRA), Indiana Governor Mike Pence signed into law an amendment to the IRFRA. The amendment states that the Act may not be used to discriminate in the providing of services, facilities, use of public accommodations, goods, … Continue Reading

Supreme Court Vacates Employer Victory in Pregnancy Discrimination Case

The U.S. Supreme Court’s March 25, 2015 decision in Young v. United Parcel Service, Inc. brings some clarity to the issue of whether and when employers are required to provide work-related accommodations to pregnant employees. As employers well know, Title VII of the Civil Rights Act of 1964 prohibits discrimination against an employee with respect … Continue Reading

EEOC Loses on Procedural Grounds in Hotly Contested Case Challenging CVS Pharmacy Separation Agreement

Employers should continue to proceed with caution despite the recent pro-employer decision in EEOC v. CVS Pharmacy, Inc., a closely-watched case in which the EEOC alleged that CVS’ standard separation agreement interfered with the rights of former employees to file an EEOC charge or participate in an EEOC investigation. Although summary judgment was granted in … Continue Reading

EEOC Issues Sweeping Enforcement Guidance on Pregnancy Discrimination

On July 14, 2014, the Equal Employment Opportunity Commission (EEOC) issued a detailed Enforcement Guidance on pregnancy discrimination and related issues (the Guidance). The Guidance addresses an employer’s obligations relating to pregnancy and pregnancy-related conditions under the Pregnancy Discrimination Act (PDA), which amended Title VII, the Americans with Disabilities Act (ADA) and other laws. The … Continue Reading

EEOC Issues New Guidance on Religious Garb and Grooming

On March 6, 2014, the Equal Employment Opportunity Commission (EEOC) released new guidance for employers addressing an employer’s obligation under Title VII to provide reasonable religious garb and grooming accommodations to employees and applicants upon request. The guidance reaffirms the EEOC’s position that employers are required to accommodate employee and applicant requests for reasonable religious … Continue Reading
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