By Romtin Parvaresh and Daniel C. Whang

Seyfarth Synopsis:  In line with recent anti-arbitration trends, the California Court of Appeal recently decided two cases – Doe v. Second Street Corp. and Liu v. Miniso Depot CA, Inc. – that apply the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act to limit the enforceability of arbitration

Continue Reading Effecting The EFAA: California Appellate Courts Make It Harder To Enforce Arbitration Agreements In Cases Alleging Sexual Assault Or Sexual Harassment

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 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 Bailey K. Bifoss and Andrew M. McNaught

Seyfarth Synopsis: Qualified immunity did not supply a Pennsylvania judge with a get out of jail free card, the Third Circuit concluded, holding that sexual harassment and retaliation in the workplace violate clearly established constitutional rights. However, the judge’s appeal was not a total wash, as the court refused to adopt
Continue Reading Third Circuit Refuses to Grant Immunity to Pennsylvania Judge on Probation Officer’s Harassment Claims