Total Articles: 10
Fisher Phillips • March 18, 2018
The national and international spotlight on pay equity is getting brighter by the day. By way of illustration, this post explores two laws that took effect on January 1, 2018, one in California and one in Iceland, and a wage equity ordinance in Philadelphia that is currently being challenged on constitutional grounds. These are just examples of the much larger trend at the local and state level in the United States, as demonstrated by the Fisher Phillips Pay Equity Map. This trend can be seen around the world as more countries introduce some form of pay equity measures. Overall, the major question that all companies should be thinking about is: does the salary reflect the job position, not the person who is filling the position?
Littler Mendelson, P.C. • March 14, 2018
The U.S. Court of Appeals for the Sixth Circuit recently ruled, in what many have described as a ground-breaking decision, that discrimination based on an employee’s transgender status is discrimination based on “sex” in violation of Title VII of the Civil Rights Act of 1964 (Title VII).1 While the Equal Employment Opportunity Commission (EEOC) made such a determination in 2012,2 the Sixth Circuit is the first such federal appellate court to so rule.
Nexsen Pruet • March 14, 2018
Nexsen Pruet’s webinar series presentation last month was on Hot Topics in Employment Discrimination and included a segment on the ABC’s of LGBTQ issues in the workplace. As we discussed in the webinar, the Fourth Circuit Court of Appeals, which covers North and South Carolina, has not determined that Title VII prohibits employment discrimination because of an employee’s sexual orientation or gender identity.
Ogletree Deakins • March 14, 2018
In Bowen v. Manheim Remarketing, Inc., No. 16-17237 (February 21, 2018), the Eleventh Circuit Court of Appeals reinstated the Equal Pay Act and Title VII sex discrimination claims of a former manager of a car auction facility who alleged that she had been paid less than the male manager whom she replaced.
Littler Mendelson, P.C. • March 13, 2018
The U.S. Court of Appeals for the Sixth Circuit's recent decision in Doe v. Miami University, No. 17-3396, 2018 WL 797451 (6th Cir. Feb. 9, 2018), provides both comfort and caution for universities facing claims of discrimination or bias in the conduct of their disciplinary proceedings relating to sexual misconduct.
Jackson Lewis P.C. • March 09, 2018
The Equal Employment Opportunity Commission may pursue claims that an employee was discriminated against on the basis of transgender status in violation of Title VII of the Civil Rights Act, the federal appeals court in Cincinnati has ruled in a landmark decision. EEOC v. R.G. & G.R. Harris Funeral Homes, No. 16-2424 (6th Cir. Mar. 7, 2018). The Court rejected the employer’s argument that it was protected by the Religious Freedom Restoration Act (RFRA).
Fisher Phillips • March 08, 2018
In what appears to be the first time a federal appeals court has extended the nation’s main federal employment discrimination statute to cover transgender and transitioning employees, the 6th Circuit Court of Appeals today ruled that employers cannot discriminate against such employees without violating Title VII. The appeals court also rejected the employer’s attempt to claim that its religious beliefs should shield it from such discrimination claims, opening the door for other applicants, employees, and former employees to avail themselves of statutory anti-bias law.
Gay workers won a major victory last week with the 2nd Circuit Court of Appeals ruling that Title VII of the Civil Rights Act bans discrimination on the basis of sexual orientation. In the 10-3 decision in Zarda v. Altitude Express, the full appellate court found that Title VII has "evolved substantially" and should be read to include sexual orientation discrimination as a subset of sex discrimination.
Jackson Lewis P.C. • February 27, 2018
In a much-anticipated decision, the federal appeals court in New York has held that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on an individual’s sexual orientation. Zarda v. Altitude Express, No. 15-3775 (2d Cir. Feb. 26, 2017).
Goldberg Segalla LLP • February 27, 2018
The Second Circuit recently joined the Seventh Circuit in determining that discrimination based on sexual orientation violates Title VII of the Civil Rights Act of 1964.