By  Linda C. Schoonmaker and Darien Harris

Seyfarth Synopsis:  Confronted with pleadings that unequivocally showcases the Dallas County Sheriff’s Department’s discriminatory scheduling policies, the Fifth Circuit finds that the strict application of its precedent regarding the definition of an “adverse employment action” is simply incompatible with the text of Title VII. Hamilton v. Dallas County. What follows

Continue Reading The Fifth Circuit Has Broadened Its Definition of What Constitutes An “Adverse Employment Action” For Purposes of a Discrimination Claim.  What Will That Mean For Employers?

By Darien C. HarrisDawn Reddy Solowey, and Lynn A. Kappelman

Seyfarth Synopsis: A Third Circuit ruling against a former United States Postal Service employee’s Title VII religious discrimination claim is under review at the Supreme Court in Groff v. DeJoy. Petitioner’s brief urged the Court to overturn decades of precedent established by the seminal case, Trans

Continue Reading Arguments for SCOTUS to Preserve and Clarify Hardison now in Play as the U.S. Postal Service and its Amici Supporters Fire Back

By Linda C. Schoonmaker and Darien C. Harris

Seyfarth Synopsis:  The Dallas County Sheriff’s Department gives its detention officers two days off per week.  Prior to April 2019, the schedules were based on seniority, with most officers preferring to take their two days off during the weekend.  Sometime in April 2019, the Sheriff’s Department enacted a scheduling policy that

Continue Reading The Fifth Circuit May Broaden Its Definition of What Constitutes An “Adverse Employment Action” For Purposes of a Discrimination Claim.  What Will That Mean For Employers?

By Rachel A. Duboff and Erin Dougherty Foley

Seyfarth Synopsis: Employers can take precaution against discrimination claims by ensuring they have legitimate, nondiscriminatory reasoning for their decision-making. An honest explanation of their behavior makes it credible.

The Eighth Circuit’s recent opinion in Banford v. Board of Regents of UM affirms the steps required to prove a discrimination claim. Plaintiff
Continue Reading The Devil is in the Pretext: No Successful Discrimination Claim If Employee Does Not Carry Burden to Prove Ulterior Explanation for Employer’s Actions

By Samantha L. Brooks and Eric J. Janson

Seyfarth Synopsis: In Lyons v. City of Alexandria, No. 20-1656, 2022 WL 1739987 (4th Cir. June 1, 2022), the Court issued an employer-friendly decision under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., (“Title VII”), reiterating that employers should not be punished “for
Continue Reading Fourth Circuit Reaffirms That Consistently Implementing Lawful Business Practices and Policies is Not Discrimination

By Erin Dougherty Foley and James Nasiri*

Seyfarth Synopsis: On April 14, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in the employer’s favor on Title VII race discrimination claims filed by an Indiana University lecturer. In rejecting the lecturer’s claims of unequal pay and failure to promote, the Court shed light on how
Continue Reading Seventh Circuit Rejects University Lecturer’s Title VII Failure to Promote, Unequal Pay Claims

By Matthew J. Gagnon and Sarah K. Bauman

Seyfarth Synopsis: On November 17, 2021, the EEOC updated its COVID-19 technical assistance resources to add guidance on pandemic-based employer retaliation and interference.  The updated guidelines clarify the rights of employees who engage in EEO protected activity.  Key for employers are the numerous examples of what the EEOC deems retaliation in this

Continue Reading EEOC Technical Assistance On COVID-19: The Commission Adds Insight On Pandemic-Related Retaliation Claims

By Matthew J. Gagnon and Tyler Z. Zmick

Seyfarth SynopsisFollowing the March 8, 2021 Executive Order establishing the White House Gender Policy Council, on October 22, 2021 the White House released the first-ever U.S. Government National Strategy on Gender Equity and Equality. The EEOC contributed to the Strategy and supports its full implementation, suggesting that gender-related issues –
Continue Reading White House Releases First-Ever “National Strategy On Gender Equity And Equality”

By Fritz Smith and Becca Mitchell

Seyfarth Synopsis: In Roberts v. Glenn Indus. Grp., Inc., No. 3:17-CV-745-GCM, 2019 WL 356809, at *2 (W.D.N.C. Jan. 29, 2019), aff’d in part, vacated in part, remanded, No. 19-1215, 2021 WL 2021812 (4th Cir. May 21, 2021), the plaintiff employee filed a lawsuit against his former employer alleging same-sex sexual harassment and retaliation in
Continue Reading Title VII: The Fourth Circuit Expands the Evidentiary Routes for Same-Sex Sexual Harassment Claims and Rejects Attempt to Impute Knowledge to the Decisionmaker for Retaliation Claims

By Leon Rodriguez and Emily J. Miller

Seyfarth Synopsis: On Monday, the Department of Health and Human Services (“HHS”) announced that the prohibition against discrimination “on the basis of sex” under Section 1557 of the Affordable Care Act (“Section 1557”) once again includes gender identity and protects transgender patients from discrimination by covered entities.[1]

Section 1557 prohibits
Continue Reading Section 1557 Protects Transgender Patients – Again