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
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
By Nolan R. Theurer and Andrew M. McNaught
Seyfarth Synopsis: On August 18, 2020, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment on a plaintiff’s associational disability discrimination and retaliation claims, finding the plaintiff failed to support his allegations with sufficient evidence. The decision prevents plaintiffs with associational discrimination claims from relying on unsupported allegations of
Continue Reading 7th Circuit Focuses On Evidence To Avoid Distraction In Associational Discrimination Case
By Benjamin Conley, Emily Miller, Leon Rodriguez, Sam Schwartz-Fenwick, and Cameron Smith
Seyfarth Synopsis: For decades, courts and practitioners have struggled with whether federal law protects employees against discrimination on the basis of sexual orientation and gender identity. Today, in a landmark 6-3 decision authored by Justice Gorsuch, the Supreme Court held that Title VII
Continue Reading Supreme Court Holds that Title VII Prohibits Discrimination Based On Sexual Orientation and Gender Identity
By Christina Jaremus and Erin Dougherty Foley
Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in legally protected activity at or around the same time as their misconduct.
On April 30, 2020, the 11th
Continue Reading What To Do When Employee Misconduct And Protected Activity Collide?