Category Archives: Discrimination

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Trump Plays Ball (To Knee or Not To Knee)

President Trump likes to mix it up.  Mix everything up, like the National Football League and the First Amendment. Wait. What? Whether you think the President defies convention strategically or blunderingly, Trump is more a force of nature than a familiar political type, unabashedly tweeting on topics that are at least arguably Presidential (we will … Continue Reading

No Summer Breaks for the EEOC

As many of us settle into September, with fond memories of our summer vacations, do not think that the federal agencies were on a hiatus. In fact and despite predictions that the EEOC under the new administration would be less aggressive in enforcing the discrimination laws, the Commission has been very active and did not … Continue Reading

The “Knife’s Edge”: Second Circuit Dulls the Standard of Proof Needed for a Hostile Work Environment

The Second Circuit recently reversed a district court’s dismissal of a hostile work environment claim brought by a Muslim plaintiff.  See Ahmed v. Astoria Bank, et al., 16-1389 (2d Cir. May 9, 2017).  In-house counsel and human resources executives should take heed of this decision, which may signal a loosening standard for what may constitute … Continue Reading

Seventh Circuit Rules Title VII Bars Sexual Orientation

On April 4, 2017, the Seventh Circuit became the first federal appellate court in the country to extend the protections afford by the Civil Rights Act of 1964 to discrimination on the basis of sexual orientation.  The 8-3 decision came after they held a rare en banc hearing on Kimberly Hively’s case (Hively v. Ivy … Continue Reading

Third Circuit Holds that Medical Resident May Bring a Title IX Claim Against a Private Hospital

Earlier this month, the Third Circuit Court of Appeals reversed the lower court’s dismissal of a medical resident’s Title IX suit against Mercy Catholic Medical Center in Philadelphia, which alleged that the plaintiff was kicked out of the hospital’s residency program in retaliation for denying a superior’s sexual advances.  See, Doe v. Mercy Medical Center. The … Continue Reading

Title VII and Sexual Orientation – Front and Center at the Second Circuit on Inauguration Day

As President-Elect Donald Trump moved into the White House on Inauguration Day last Friday, the excitement and political tensions were not confined to the nation’s capital.  LGBTQ rights supporters decorated with rainbow ties and socks filled the Second Circuit courtroom that morning to hear oral argument on a charged issue in Matthew Christiansen v. Omnicom … Continue Reading

Seventh Circuit Reverses Decision that Title VII Doesn’t Protect Against Anti-Gay Discrimination and Agrees to Re-hear Employment Discrimination Case

The Seventh Circuit reversed and vacated the panel decision holding that Title VII does not protect employees from anti-gay discrimination and will re-hear the case, Hively v. Tech Community College, en banc.  Kimberly Hively claims that her former employer, Ivy Tech Community College, violated Title VII when she was denied full-time employment and promotions and … Continue Reading

What the Seventh Circuit’s Recent Title VII Ruling Means for Sexual Orientation Discrimination in the Workplace

On July 28, 2015, the United States Court of Appeals for the Seventh Circuit (“Seventh Circuit”) ruled that Title VII does not protect against sexual orientation discrimination.  See, Hively v. Ivy Tech Cmty. Coll., 2016 BL 244172, 7th Cir., No. 15-1720, 7/28/16.  The Seventh Circuit ruling is the first by a federal circuit to address … Continue Reading

A Conflicted 7th Circuit Holds Title VII Does Not Cover Sexual Orientation Discrimination

In a precedent-setting decision, the U.S. Court of Appeals for the Seventh Circuit ruled on July 28th that Title VII does not protect against sexual orientation discrimination.  The case is Kimberly Hively v. Ivy Tech Community College, No. 15‐1720 (7th Cir. July 28, 2016). The 7th Circuit upheld a district court’s decision to dismiss a … Continue Reading

Supreme Court Stays Fourth Circuit’s Ruling Affirming Transgender Students’ Bathroom Rights

The Supreme Court stayed a Fourth Circuit ruling that requires schools to allow transgender students to use the bathroom of the gender they identify as. We are monitoring the case for its impact on employers going forward. For our past analysis on this issue, please refer to the following posts: Supreme Court Poised to Weigh … Continue Reading

Workplace Video Monitoring: What Employers Need To Know

The omnipresence of video cameras is a fact of life. The average American, aware or not, is caught on surveillance camera more than 75 times a day. Given the availability and effectiveness of inexpensive video equipment, many companies use video to monitor their entire operations for safety, security and quality control. But video surveillance can … Continue Reading

Supreme Court Poised to Weigh in on Transgender Rights

In recent years, state and federal courts have consistently ruled in favor of those seeking to define their gender identity.  However, the Supreme Court has yet to weigh in — a situation that is about to change as the accelerating national discussion of transgender rights finally makes its way to the Supreme Court. In 2015, … Continue Reading

EEOC LGBT Cases in the News

Settlement of Sexual Orientation Case – The EEOC and a Maryland employer have settled a landmark sexual orientation discrimination case.  EEOC v. Pallet Companies d/b/a IFCO Systems NA, Inc. was filed in March 2016, and was among one of the earliest EEOC lawsuits against a private employer, alleging discrimination on the basis of sexual orientation.  … Continue Reading

Transgender Rights In the News

Almost every day the news has some new legal development involving the rights of LGBT employees. We already reported on the litigation heating up between North Carolina and the DOJ concerning that state’s now infamous ‘bathroom law’, which the DOJ contends violates Title VII of the Civil Rights Act.  The rulings which come out of that … Continue Reading

Webinar: What is on the EEOC’s Agenda? LGBT Rights in the Workplace

Please join Kelley Drye’s Labor and Employment practice group for a special webinar presentation on May 25th that will explore the shifting, often controversial, and important landscape for employers regarding LGBT rights in the workplace. With the right to same-sex marriage established, the workplace has become the next civil rights frontier. The tide has clearly turned:  … Continue Reading

The U.S. Department of Justice and North Carolina Face Off On Transgender Rights

On Monday, the U.S. Department of Justice and the State of North Carolina exchanged federal law suits concerning the legality of a recently enacted North Carolina law known as “H.B. 2”.  The law requires public agencies in North Carolina to restrict access to multiple occupancy bathrooms to individuals of the same “biological sex.” The law … Continue Reading

EEOC Acts Again on LGBT Rights

The EEOC has again taken the reins on LGBT rights by issuing some “Bathroom” guidance, giving employers a further strong indication of where the agency is leaning when it comes to enforcement of LGBT rights in the workplace. In the guidance, the EEOC makes clear again its position that Title VII prohibits discrimination against employees … Continue Reading

Managing Employee Requests for “Indefinite” Disability Leave: the D.C. Court of Appeals Offers Guidance

Managing employees’ requests for disability accommodations can be challenging, particularly when an employee requests leave for extended or unlimited periods of time. A common misperception by employers is that once an employee’s FMLA leave runs out, the employer no longer has any obligation to accommodate such an employee, particularly if they request more time off, … Continue Reading
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