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 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 case demonstrates that plaintiffs have
Continue Reading Pay Equity Litigation Update: The Second Circuit Clarifies A Key Difference Between Title VII And Equal Pay Act Wage Discrimination Claims

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 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 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, the U.S. Supreme Court resolved
Continue Reading Use It or Lose It: Supreme Court Rules that Failure to Exhaust Defense Must be Prompt

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 training materials for compliance at
Continue Reading The Uncertain Landscape of Discrimination & Harassment Laws: Expanding the Definition of “Protected Class”

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 discriminated against on the basis
Continue Reading High Court To Determine Whether Title VII Prohibits Discrimination on the Basis of Sexual Orientation and Gender Identity

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- compliance. Whether the House will
Continue Reading #MeToo on the Move: Illinois Responds as Senate’s Sweeping Sexual Harassment Bill Gains Traction

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.”  #MeToo and the Medical Profession
Continue Reading #MeToo Confronts Health Care