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 catalyst for the gossip stemming
Continue Reading Rumor Has It–Workplace Gossip About Female “Sleeping Her Way To The Top” Could Be Sex Discrimination
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 New York State Senate and
Continue Reading New York State Legislature Passes Gender Expression Non-Discrimination Act
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 candidate as an “a**clown.” In
Continue Reading Maryland State Government Employee’s Job Duties Reinstated after Demotion Following Facebook Post
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 law, was recently ruled not
Continue Reading Actions Taken in Violation of State Law May Not Be Protected Activities Under Title VII
By Dawn Reddy Solowey and Latoya R. Laing
Seyfarth Synopsis: The 8th Circuit recently held that while a request for a religious accommodation may qualify as a protected activity, it is not necessarily “oppositional” so as to give rise to an opposition-clause retaliation claim under Title VII. Employers considering requests for religious accommodation should, despite this Circuit’s narrow decision,
Continue Reading 8th Circuit Agrees, Request for Religious Accommodation is not Oppositional Conduct
By John P. Phillips and Linda Schoonmaker
Seyfarth Synopsis: In a recent decision, the U.S. Court of Appeals for the Sixth Circuit ruled that former employees need not return severance pay before filing a lawsuit against an employer, when the employee alleges the severance agreement should be rescinded and is bringing discrimination claims under Title VII or the Equal
Continue Reading Having Your Cake and Eating It Too: Sixth Circuit Rules that Employees Need Not Return Severance Pay Before Suing
By Michael L. DeMarino and Dawn R. Solowey
Seyfarth Synopsis: Title VII requires employers to make “reasonable accommodations” for an employee’s religious practices. But what is “reasonable” has been the subject of much debate and litigation. The Tenth Circuit’s decision in Christmon v. B&B Airparts, Inc., No. 17-3209, 2018 WL 2344628, at *1 (10th Cir. May 24,
Continue Reading Tenth Circuit Reaffirms That Title VII Does Not Require Employers to Offer an Employee Their “Preferred” Religious Accommodation
Seyfarth Synopsis: In her appeal to the Fifth Circuit, Plaintiff Bonnie O’Daniel argues that the trial court wrongly concluded that it was unreasonable for O’Daniel to believe that a complaint about discrimination based on sexual orientation constituted a protected activity. The EEOC recently joined the fray by filing an amicus curiae brief, which argues that
Continue Reading EEOC Argues that Sexual Orientation Discrimination by a Heterosexual Person can Constitute a Protected Activity
By: Scott Rabe, Sam Schwartz-Fenwick, Marlin Duro
Seyfarth Synopsis: In a largely symbolic ruling, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, the Supreme Court ruled 7-2 in favor of a cake shop owner who refused to make a wedding cake for a gay couple based on his religious beliefs. By limiting its holding to the
Continue Reading The Supreme Court’s Decision in Masterpiece Cakeshop Provides Little Guidance on Intersection of Religious and LGBT Rights
By John P. Phillips and Linda Schoonmaker
Seyfarth Synopsis: In recent months, sexual harassment has seized national headlines and raised significant questions about company policies, procedures, and culture. In response, many companies and HR personnel have questioned how to appropriately respond to complaints of sexual harassment. A recent decision out of the Western District of Wisconsin provides a helpful
Continue Reading Recent Decision Re-Enforces the Legal Framework for Sexual Harassment Claims