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
By Erin Dougherty Foley and Grace Nickels
Seyfarth Synopsis: New decision from the Supreme Court ruled that Title VII’s requirement that plaintiffs file with the EEOC or other state agencies is a non-jurisdictional claim-processing rule, which means it can be forfeited if a defendant waits too long to raise the objection.
On June 3, 2019,
By Renate M. Walker, Lynn Kappelman and Hillary J. Massey
Seyfarth Synopsis: Laws protecting individuals from discrimination and harassment in the workplace are expanding rapidly at the state and local levels, while the federal landscape remains unclear regarding LGBTQ rights. In light of the rapidly changing landscape, employers should review their policies, handbooks, and
By Sam Schwartz-Fenwick and John Ayers-Mann
Seyfarth Synopsis: Today, the Supreme Court granted review to a trio of Title VII cases raising the issue of whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity. The Court’s decision in these cases could create a federal right of action for individuals
By Kyla J. Miller and Tracy M. Billows
Seyfarth Synopsis: The Illinois Senate unanimously passed an all-encompassing sexual harassment bill, which hits all of the big ticket workplace sexual harassment hot topics, including imposing sexual harassment training and extensive reporting requirements, bans on non-disclosure agreements, arbitration clauses and non-disparagement clauses, and hefty penalties for non-
By Kevin Green and Jesse Coleman
Seyfarth Synopsis: A recent editorial authored by two female doctors in the Canadian Medical Association Journal proclaims that, “in the era of #MeToo, it is time for physicians to acknowledge that the medical profession is not immune to bullying, harassment and discrimination, and act to abolish these behaviours.”
By Kyla J. Miller and Erin Dougherty Foley
Seyfarth Synopsis: According to the 4th Circuit, a female employee who was subjected to false rumors that her promotion was a result of sleeping with the boss can levy her claim for sex-based discrimination against her employer. The Court held that the Company served as a
By Nila Merola and Cameron A. Smith
Seyfarth Synopsis: Both houses of the New York State Legislature passed the Gender Expression Non-Discrimination Act, which prohibits discrimination on the basis of gender identity or expression and adds offenses motivated by gender identity or expression to the hate crimes statute.
On January 15, 2019, both the
By Samantha L. Brooks and Karla Grossenbacher
Seyfarth Synopsis: Employees’ use of their personal social media accounts in ways that could impact an employer’s business present challenges to employers.
In this case, a Maryland state government employee claimed that she was retaliated against for a Facebook post where she referred to a Maryland gubernatorial
By Renate Walker and Erin Dougherty Foley
Seyfarth Synopsis: Plaintiffs often have difficulty producing evidence of comparators when attempting to prove unlawful discrimination because records contained in personnel files are confidential, but any attempts to gather such evidence must be lawful. An employee’s unauthorized review and disclosure of confidential personnel files, in violation of state