Discrimination

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Seyfarth Synopsis: While motions for summary judgment are usually tricky to obtain in fact-laden employment cases alleging discrimination, failure to accommodate, and failure to engage in the interactive process, the Court of Appeal recently handed the employer a complete victory when it affirmed summary judgment on all causes of action on just such a case, providing a reminder on the…

Continue Reading Recent Appellate Court Ruling Serves As a RoadMap For Summary Judgment On Fact-Specific Disability Discrimination Cases

By Leon Rodriguez and Kristina M. Launey

Seyfarth Synopsis: New regulations effective August 6, 2024 restore and expand scope of civil rights protections under Section 1557 of the Affordable Care Act.

Section 1557 of the Affordable Care Act (“Section 1557”) prohibits health programs and activities that receive Federal financial assistance (“FFA”) (as well as State-based health insurance Exchanges and health…

Continue Reading HHS Issues New Affordable Care Act Section 1557 Nondiscrimination Regulations

By Matthew J. Gagnon

Seyfarth Synopsis: In its seminal decision, Bostock v. Clayton County, Georgia, the Supreme Court held that discrimination on the basis of sexual orientation or gender identity is tantamount to discrimination on the basis of sex. Employers are just beginning to grasp the wide-ranging impact that decision will have on the American workplace. The reasoning of…

Continue Reading Key Developments In Equal Pay Litigation: Impact Of The Supreme Court’s Bostock Decision

By Rob Whitman, Elliot Fink, and Paxton Moore

Seyfarth Synopsis: New York’s highest court, settling a long-standing question dividing state and federal courts, has held that the New York State and City anti-discrimination statutes apply to non-residents who apply for jobs that would be based physically in the State or City.

In the opinion, the court…

Continue Reading NY Anti-Discrimination Laws Now Protect Non-Resident Job Applicants

By Alex J. Reganata and Barry J. Miller

Seyfarth Synopsis: Plaintiff, a white man, was a strong performer in his role before he was fired and replaced by three women, two of whom were racial minorities, amid a Diversity and Inclusion initiative that included a call to restructure the workforce to reflect a different racial and gender makeup. The Fourth…

Continue Reading White Employee Fired Amidst Corporate Diversity Initiative Wins Discrimination Claim But Loses Multi-Million Dollar Punitive Damage Award

By: Christine M. Costantino, Taylor Iaculla, and Andrew Scroggins

Seyfarth Synopsis: One of the most anticipated employment cases of the term was recently argued before the United States Supreme Court. In Muldrow v. City of St. Louis the Court requested the parties address the issue: Whether Title VII of the Civil Rights Act of 1964 prohibits discrimination in…

Continue Reading Justices Mull Fundamental Element of Proof in Title VII Case During Oral Argument In Muldrow v. City of St. Louis

By Nicolas A. Lussier and Nicholas H. De Baun

Seyfarth Synopsis: Effective November 26, 2023, a significant amendment to New York City’s Human Rights Law (NYCHRL) prohibits discrimination based on height and weight. This development aligns the city with a growing trend of jurisdictions, including Michigan and cities of Binghamton, New York; Madison, Wisconsin; and San Francisco, California, focusedon combating…

Continue Reading Understanding New York City’s Height and Weight Discrimination Law: Essential Insights for Employers

By Christopher Kelleher, Rachel See, Christopher DeGroff, and Andrew Scroggins

Seyfarth Synopsis: An essential read for any employer, the EEOC’s final Strategic Enforcement Plan (SEP), was released on September 21, 2023. The SEP identifies the agency’s enforcement priorities for the next five years, Fiscal Years 2024-2028. The SEP indicates that the agency intends to aggressively pursue its…

Continue Reading Behind the EEOC Curtain:  EEOC’s New Strategic Enforcement Plan Reveals Agency Priorities

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 Lorraine O’Hara

Seyfarth Synopsis: Seyfarth’s excellent publication “Cal-Peculiarities:  How California Employment Law Is Different,” which is updated annually, highlights the many unique aspects of the Golden State’s employment law.  Increasingly, other states have passed their own progressive employment statutes, warranting their own discussion.  Colorado is one of these states. Discussed below are two Colorado statutes that were…

Continue Reading Colorado Peculiarities