By Julia Gorham and Aimee Hinksman

Seyfarth Synopsis: Global employers have had to become adept at re-arranging the ways in which their employees work over the past two years, both domestically and internationally, with varying modes of mobility.

Business decisions are being made that will impact the direction of workforces, whether return to office working environments, adopting hybrid
Continue Reading Avoiding Discrimination Claims in the Changing Global Workplace

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 Glenn J. SmithHoward M. WexlerEphraim J. Pierre, and Bill S. Varade

Seyfarth Synopsis: The New Jersey Supreme Court held that a plaintiff need not plead an adverse employment action such as a termination or demotion to establish a prima facie case of failure to accommodate a disability under New Jersey’s Law Against Discrimination (“LAD”).
Continue Reading No Adverse Action? No Problem: NJ Supreme Court Eases Pleading Burden for Disability Claims under LAD

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

By Danielle R. Rabie and Erin Dougherty Foley

Seyfarth Synopsis: Despite inopportune remarks by a decision-maker, an employer was able to prevail in an age discrimination case where underlying reason for employee’s terminated was, in fact, insubordination, and not some pretext for discrimination.

Background

In January 2021, the Sixth Circuit Court of Appeals affirmed the Southern District of Ohio
Continue Reading An Age Old Problem: Age Discrimination Cases in the Workplace

By Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis:  In EEOC v. JBS USA, LLC, No. 10-CV-2103, 2021 U.S. Dist. LEXIS 13012 (D. Colo. Jan. 25, 2021), an EEOC-initiated lawsuit alleging a meatpacking engaged in a pattern or practice of discrimination on the basis of race, national origin, and religion, the U.S. District Court in Colorado denied the

Continue Reading Court In Colorado Chops Off EEOC’s Motion For Reconsideration In Systemic Discrimination Lawsuit Against Meatpacker

By Kaveh Dabashi and Robert S. Whitman

Seyfarth Synopsis: A recent Second Circuit decision casts doubt on the usefulness of national statistics to support a claim of hiring disparities at the pleading stage of litigation. Unless the national population mirrors the pool of qualified job applicants, the Court held that national statistics cannot help a plaintiff plead that an employer’s
Continue Reading Strength in Numbers? Not Necessarily, Says Second Circuit

By Christina Jaremus and Erin Dougherty Foley

Seyfarth Synopsis: In Frappied v. Affinity Gaming Black Hawk, LLC, 966 F.3d 1038 (10th Cir. 2020), the Tenth Circuit reversed dismissal and summary judgment in favor of Affinity Gaming Black Hawk, LLC (Affinity) on three of four discrimination claims brought by former Casino employees. The basis for the Court’s decision highlights
Continue Reading Age and “Sex-Plus” Discrimination Claims Against Casino Highlight Considerations To Avoid Gambling When Implementing Layoffs

By Brandon L. Dixon and Erin Dougherty Foley

Seyfarth Synopsis: A recently filed “reverse” discrimination action in an Ohio federal court is reflective of a trend about which we recently cautioned employers. Namely, employers are facing a pushback–often by white, male employees and applicants–on their efforts to address and eradicate persistent race and gender disparities in their workforces. These
Continue Reading Between a Rock and a Hard Place–Employer’s Longstanding Efforts to Improve Diversity Leads to Accusation of “Reverse” Discrimination

By Honore N. Hishamunda and Brett C. Bartlett

Seyfarth Synopsis: Managing employees engaged in potentially protected activity can be tricky when disciplinary and other normal employment actions might be misconstrued as unlawful retaliation. A recent decision from the United States Court of Appeals for the Eleventh Circuit, however, makes clear that employers may manage employees engaged in protected activity,
Continue Reading Title VII, Section 1981, and the Limits of Protected Activity