By Nicholas De Baun and Tara Ellis
Seyfarth Synopsis: On December 23, 2019, District Judge Rosemary Marquez ruled, in connection with a motion to dismiss, that Title VII does protect discrimination based on a person’s transgender status, and that a health insurance plan’s exclusion for gender reassignment surgery may not be “rationally related to a legitimate government interest.”
Continue Reading Exclusion for Gender Reassignment Surgery May Violate Title VII and the Equal Protection Clause
By Linda C. Schoonmaker and Vanessa Rogers
Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court of Appeals for the Fifth Circuit issued a decision providing insight into vaccination accommodations and establishing favorable precedent for employers.
Specifically, the
Continue Reading 5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee Vaccination Case
By Lennon B. Haas and Kevin M. Young
Seyfarth Synopsis: In Flaherty v. Entergy Nuclear Operations, Inc., ___ F.3d ___, No. 18-1759, 2019 WL 7046367, at *1 (1st Cir. Dec. 23, 2019), the First Circuit struck a terminated nuclear plant security officer’s self-serving affidavit opposing summary judgment and held that he was not qualified for his position, and thus
Continue Reading Nuclear Power Company Avoids ADA Discrimination Claim Meltdown
By Jacob Oslick and Robert Nobile
Seyfarth Synopsis: Does Pennsylvania’s public policy preclude a nuclear power plant from terminating an employee for being drunk on the job? “No,” the United States District Court for the Middle District of Pennsylvania ruled this October.
The employee, a long-time production foreman, failed a blood alcohol test in February 2018. In response,
Continue Reading Does it Violate Public Policy to Terminate a Drunk Employee? “Absolut”-ly Not
By Paul Galligan and Meredith-Anne Berger
Seyfarth Synopsis: The New York City Council voted to expand the anti-discrimination and retaliation provisions of the Human Rights Law to freelancers and independent contractors. The bill is awaiting the Mayor’s signature. New York City employers should also be aware that the law prohibiting retaliation against anyone who requests a reasonable accommodation goes
Continue Reading New York’s Latest Expansions to Human Rights Laws Shake Up Employment Landscape
By Cameron A. Smith and John Ayers-Mann
Seyfarth Synopsis: On October 8th, the Supreme Court heard oral argument in a trio of cases that may decide whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity. In much of the nation, gay and transgender workers have no legal protections against employment discrimination. These cases may
Continue Reading Supreme Court Hears Landmark Cases On Title VII Sexual Orientation and Gender Identity Discrimination
By Dion L. Beatty and Erin Dougherty Foley
Seyfarth Synopsis: In affirming summary judgment in favor of AutoZone, the Second Circuit rules that a sales associate did not provide enough evidence to satisfy her burden of proof for sex discrimination, retaliation and hostile work environment. This decision is significant because the court agreed that it was proper for a judge
Continue Reading Second Circuit Rules Against Plaintiff in AutoZone Case and Allows Nixing of her Deposition
By Lennon B. Haas and Kevin M. Young
Seyfarth Synopsis: In Sellars v. CRST Expedited, Inc. Case No. C15-117-LTS (July 15, 2019), the Northern District of Iowa held that employer responses to sexual harassment complaints need not deter harassment by other employees, where the employer lacks notice that those other employees might engage in harassing behavior.
Background
CRST Expedited, Inc.
Continue Reading Effective Remedial Action Does Not Require Crystal Ball, Rules Iowa Court
By Nicholas De Baun and Tara Ellis
Seyfarth Synopsis: In Toomey v. U of Arizona, No. 19-35 (D. Ar. June 24, 2019), the Magistrate Judge determined on a motion to dismiss that Title VII does not prohibit discrimination based on a person’s transgender status. However, she decided that the plaintiff had adequately alleged that the health plan exclusion
Continue Reading Exclusion for Gender Reassignment Surgery May Disadvantage a “Suspect Class”
By Eric W. May and Daniel C. Whang
Seyfarth Synopsis: In Biel v. St. James School, the Ninth Circuit once again split from other circuit courts, this time by narrowly construed an affirmative defense known as the “ministerial exception” that bars claims of employment discrimination brought by ministerial employees of religious institutions. The Ninth Circuit recently denied the
Continue Reading Ninth Circuit Narrowly Construes The First Amendment’s Ministerial Exception For Religious Institution Employers