Law.com

Everyday workplace issues for transgender employees, such as ‘misgendering’ and choice of bathrooms, will be an unsettled area of law until a higher court weighs in, some attorneys say.

If there was a finding from the EEOC of systemic discrimination, the monetary penalties can be significant, noted an employment lawyer.

The EEOC has announced that it will no longer recognize the existence of gender identity or sexual orientation as a form of sex discrimination under the agency’s interpretation of federal law.

“The president is not a king, and his power has limits within our Constitutional system of checks and balances—checks and balances that, at Public Citizen, I will fight every day to preserve,” Karla Gilbride said.

“Every single associate I’m talking to these days, one of the top five questions they ask me is, ‘What is your policy on being able to work hybrid?'” said Amanda Koplos, president of the Association of Legal Administrators.

“No matter what a person’s background, race, or economic standing, if the juror does not pay attention, the juror does not belong on any jury,” wrote Presiding Justice Arthur Gilbert of the Second District Court of Appeal, Division Six.

Most of the cases focused on gender discrimination, but two of the suits alleged pregnancy discrimination and two others claimed mistreatment of transgender employees.

Law firms often don’t have a documented plan to address key details in their office return. That matters because firms need to boost the appeal of shared space to make it work in the long run.

In his Employment Law column, Nicholas Pappas discusses applicable agency guidance, along with federal and state laws that employers should consider when enacting a COVID-19 vaccination policy. He identifies several practical issues that employers should consider in determining whether and how to mandate that employees be vaccinated before returning to the workplace.

Weil Gotshal and Husch Blackwell will not require vaccinated workers to wear masks in offices, depending on local rules. But several other law firms are sticking to mask policies in offices for now.

The employment at-will doctrine generally provides employers the leeway needed to cut ties with employees who act or say things that are off color or offensive, even when it is not related to the job itself. A recent case out of Pittsburgh put the limits of this leeway to the test.

Civil rights attorney Josephine Smalls Miller—in the wake of a federal judge’s ruling against her discrimination claims—said she’ll continue to pursue the case and will go to the U.S. Court of Appeals for the Second Circuit if necessary.

The circuit court provided roadmaps for both plaintiff’s counsel seeking to establish a jury question on so-called “favoritism” claims and defense counsel seeking summary judgment on such claims.

Three firm leaders all said they are examining the challenges of work-from-home burnout, a hybrid office model and how to handle individual situations. It hasn’t been easy.

Of the various recommendations currently in play to initiate workplace and civil rights reform, to provide a meaningful path to justice, repealing the antiquated caps is both necessary and belated.