By Sam Schwartz-Fenwick and Chris Kelleher

Are Federal Courts ready to recognize that Title VII’s anti-discrimination prohibition extends to claims of sexual orientation?

This question will be decided when the Seventh Circuit issues a ruling in Kimberly Hively v. Ivy Tech Community College. Such a ruling may be imminent as this case is fully briefed, and oral argument has
Continue Reading Seventh Circuit Asked To Recognize That Protections Of Title VII Cover Gays and Lesbians

By Kevin Fritz

A recent charge of discrimination against a large media company brings gender stereotyping front and center. A large entertainment corporation had a paid time off policy for new parents that provided 10 weeks paid leave for biological mothers, but only two weeks for biological fathers. One male employee — and recent father– claimed that the policy was discriminatory and presented an issue of gender bias.  But was the recent dad really getting shorted? Do similar paternity leave policies discriminate against males on the basis of their gender?

Of course, there is no clear answer. And while an overwhelming majority of sex bias claims are still filed by women, the anticipated influx of same-sex parents, especially in light of the Supreme Court’s 2013 decision striking down the Defense of Marriage Act, underscores that this is an increasingly important issue facing employers.
Continue Reading Can Dad Get Paid to Stay Home With Baby New Year?