Reversing decades of precedent that limited the scope of Title VII of the Civil Rights Act, on Aug. 18, 2023, the Fifth Circuit en banc ruled in Hamilton v. Dallas
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Supreme Court Rules Title VII protects LGBT+ Employees from Workplace Discrimination: Practical Implications for Employers
What do a gay child-welfare advocate from Georgia, a transgender funeral home employee from Michigan, and a gay skydiving instructor from New York have in common? According to the Supreme…
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Broadening the Scope of LGBT Rights Under Title VII: A Practitioner’s Guide to Zarda v. Altitude Express
On Feb. 26, 2018, the U.S. Court of Appeals for the Second Circuit handed down an en banc ruling in the case of Zarda v. Altitude Express, holding in…
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Closing the Salary Gap & Practical Tips for Employers
Given the national spotlight on pay equity, in 2016 there was a radical change in the equal pay legal landscape, as federal administrative agencies and states implemented laws and regulations…
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Department of Labor Issues Final Rule Revising Sex Discrimination Guidelines for Federal Contractors
On June 14, the U.S. Department of Labor (DOL) issued the final rule updating the Office of Federal Contractor Compliance Program’s regulations prohibiting discrimination on the basis of sex. The…
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Can Volunteers Sue For Discrimination?
In certain organizations, particularly non-profit organizations, volunteers perform services for the organization. In a recent case in the Northern District of Illinois (Volling v. Antioch Rescue Squad, 1:11-cv-04920…
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Arrest and Conviction Records in Employment Decisions: EEOC Issues Enforcement Guidance and Best Practices
The Equal Employment Opportunity Commission (EEOC) recently issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, which goes some distance in creating potential liability for discrimination by employers for their carte blanche use of criminal record exclusions.
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Seventh Circuit Allows Supervisor to be Comparator of Plaintiff in Discriminatory Discharge Case
In Rodgers v. White (No. 10-3916), decided on September 2nd, the Seventh Circuit reached the unusual result of allowing a plaintiff to use his supervisor as a comparator in a…
The Ever Increasing Size of Class Action Lawsuits
Recently, it seems, class action lawsuits against employers are getting bigger. Firms that in representing plaintiffs are targeting companies with class action litigations, in particular lawsuits alleging gender discrimination. These…
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Supreme Court Finds that Employee Who Did Not Engage in Protected Activity Under Title VII is Still Protected by Title VII’s Anti-Retaliation Prohibition
Today, the U.S. Supreme Court ruled that an employer may be held liable for retaliating against an employee who did not engage in any protected activity, but who has a close relationship with another employee who did engage in protected activity.
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Continue Reading Supreme Court Finds that Employee Who Did Not Engage in Protected Activity Under Title VII is Still Protected by Title VII’s Anti-Retaliation Prohibition