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
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
By Matthew Gagnon and Alexandra Oxyer
Seyfarth Synopsis: In an unusual opinion considering an issue raised by the plaintiff for the first time on appeal, the Second Circuit clarifies that unlike under the Equal Pay Act, Title VII plaintiffs need not show “equal work for unequal pay” to succeed on a pay discrimination claim. This
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
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
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-