By Scott Rabe and Marlin Duro

Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong message that the Religious Freedom Restoration Act (RFRA) has minimal impact
Continue Reading Sixth Circuit Finds EEOC’s Enforcement of Title VII Does Not Need to “Give Way” to Religious Freedom Restoration Act

By Scott Rabe and Sam Schwartz-Fenwick

Seyfarth Synopsis: In landmark decision, the Second Circuit joins the Seventh Circuit in holding that Title VII prohibits discrimination on the basis of sexual orientation as a subset of sex discrimination.

In a landmark decision today in Zarda v. Altitude Express, Inc., No. 15-3775, the Second Circuit ruled en banc that Title
Continue Reading Second Circuit Holds That Title VII Bars Sexual Orientation Discrimination

By Philippe Weiss and Erin Dougherty Foley

Seyfarth Synopsis: In the last in a three-part series addressing sexual harassment in the workplace, we asked Philippe Weiss, Esq., Managing Director of Seyfarth Shaw at Work, to share insights from the front lines, that can help organizations credibly and effectively ensure their company culture is respectful and not tolerant of discrimination,
Continue Reading Insights from the Trenches: Proven Strategies to Combat Harassment in 2018 from Seyfarth Shaw at Work (SSAW)

By Kyla Miller, Megan P. Toth, and Erin Dougherty Foley

Seyfarth Synopsis: Gone are the days where sexual harassment training will be enough. It’s time to shift the workplace focus from just ticking a box (i.e., training complete) to creating a culture where harassment (or discrimination) of any kind is truly not tolerated.  Promptly and effectively responding
Continue Reading Preventing #MeToo in the Workplace: How Employers Talk the Talk And Walk the Walk

Seyfarth Synopsis:  Over the next few weeks, we’re going to weigh in on the growing national debate around the recent wave of sexual harassment allegations.  To date, no one seems immune from the allegations: celebrities, politicians, presidents. See for instance Time Magazine’s Person of the Year 2017 issue. We hope this dialogue will empower employees and employers, alike, to speak
Continue Reading Will the “Spirits” of the Holiday Haunt You? (Not Just Your Obligatory “Holiday Party” Blog Post)

By Scott Rabe, Sam Schwartz-Fenwick, and Marlin Duro

Seyfarth Synopsis: In the first case following the Department of Justice’s pronouncement that Title VII does not prohibit discrimination against transgender persons on the basis of gender identity, a court in the Western District of Oklahoma held that Title VII protects transgender individuals from discrimination. Tudor v. Se. Okla.
Continue Reading TITLE VII: Court Breaks from Department of Justice on Transgender Rights

By Sam Schwartz-FenwickMichael W. Stevens, and Kylie Byron

Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private employers seeking to use their religious faith to engage in otherwise prohibited discriminatory conduct.

In a bombshell week,
Continue Reading The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty

By Christopher Im and Sharisse R. Deal

Seyfarth Synopsis: Private employers can face competing obligations when it comes to responding to employees’ expressive conduct. Employee rights may collide with employer obligations to maintain a safe and harassment-free work environment, not to mention the employer’s interest in maintaining productivity and avoiding adverse publicity. Here are some guiding principles.

“How’s work?”
Continue Reading Not Just Sticks and Stones: When Should Employers Step In?

By Sam Schwartz-Fenwick, Michael W. Stevens, and Kylie Byron

Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment.

Recently, in a dramatic shift, the Department of Justice broke ranks with the Equal Employment Opportunity Commission, and filed an amicus
Continue Reading Management Alert – The Current Federal Retrenchment on LGBT Rights

By: Jonathan L. Brophy

Employers know all too well, or are learning very quickly, that the intersection of their anti-harassment policies and their employees’ Facebook posts is something of a moving target.  Employers often feel unsure as to how far they can go in investigating an employee complaint of a co-worker’s internet conduct.  The United Supreme Court recently alleviated some
Continue Reading Can Employers Discipline Employees Who Post False Claims Of Harassment On Facebook? Yes, But Beware Of The Pitfalls