By Dion L. Beatty and Erin Dougherty Foley

Seyfarth Synopsis: In affirming summary judgment in favor of AutoZone, the Second Circuit rules that a sales associate did not provide enough evidence to satisfy her burden of proof for sex discrimination, retaliation and hostile work environment. This decision is significant because the court agreed that it was proper for a judge
Continue Reading Second Circuit Rules Against Plaintiff in AutoZone Case and Allows Nixing of her Deposition

By Michael Jacobsen, Christopher DeGroff, and Gerald L. Maatman, Jr.

Seyfarth Synopsis:  On April 10, 2019, the EEOC released its comprehensive enforcement and litigation statistics for Fiscal Year 2018.  The release arrived a few months later than usual – likely due to the recent government shutdown – but still packed a punch in several respects, including to the back-drop

Continue Reading And The Train Kept A-Rolling: EEOC’s 2018 Enforcement And Litigation Statistics Show Charges Down But The Agency Still On The Move

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 Marjorie Clara Soto, Kay J. Hazelwood, and Mary Kay Klimesh

Seyfarth Synopsis: The U.S. Court of Appeals for the Tenth Circuit’s recent opinion in Yeasin v. Durham, No. 16-3367, 2018 WL 300553 (10th Cir. Jan. 5, 2018), addresses the “tension between some students’ free-speech rights and other students’ Title IX rights to receive an education
Continue Reading Tenth Circuit Leaves Unresolved When Off-Campus Social Media Posts Can Subject Students to Discipline

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