By Leon Rodriguez and Emily J. Miller
Seyfarth Synopsis: On Monday, the Department of Health and Human Services (“HHS”) announced that the prohibition against discrimination “on the basis of sex” under Section 1557 of the Affordable Care Act (“Section 1557”) once again includes gender identity and protects transgender patients from discrimination by covered entities.[1]
Section 1557 prohibits
Continue Reading Section 1557 Protects Transgender Patients – Again
By Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer
Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2020. Notably, the statistics indicate that 2020 saw a dramatic drop in filed charges, with the lowest number of charges filed in over 20 years. For example, despite
Continue Reading A Peek Behind The Numbers: The EEOC’s Enforcement Statistics Show Fewer Charges Filed In 2020, While Recoveries Surged
By Linda C. Schoonmaker and Brian A. Wadsworth
Seyfarth Synopsis: The Sixth Circuit recently sided with employer Fresh Products, LLC and its HR Manager, Dawn Shaferly, in an age, race, and disability discrimination lawsuit. In doing so, the Court helpfully clarified when an employer can contractually shorten the limitations periods with respect to certain discrimination claims. In addition, the
Continue Reading Fresh Off Victory Employer Fresh Products Prevails at the Sixth Circuit
By Honore N. Hishamunda and Brett C. Bartlett
Seyfarth Synopsis: Managing employees engaged in potentially protected activity can be tricky when disciplinary and other normal employment actions might be misconstrued as unlawful retaliation. A recent decision from the United States Court of Appeals for the Eleventh Circuit, however, makes clear that employers may manage employees engaged in protected activity,
Continue Reading Title VII, Section 1981, and the Limits of Protected Activity
By Benjamin Conley, Emily Miller, Leon Rodriguez, Sam Schwartz-Fenwick, and Cameron Smith
Seyfarth Synopsis: For decades, courts and practitioners have struggled with whether federal law protects employees against discrimination on the basis of sexual orientation and gender identity. Today, in a landmark 6-3 decision authored by Justice Gorsuch, the Supreme Court held that Title VII
Continue Reading Supreme Court Holds that Title VII Prohibits Discrimination Based On Sexual Orientation and Gender Identity
By Christina Jaremus and Erin Dougherty Foley
Seyfarth Synopsis: When an employee violates company rules or policies, a company is within its rights to respond with appropriate corrective action. How to respond, however, can become complicated when an employee engages in legally protected activity at or around the same time as their misconduct.
On April 30, 2020, the 11th
Continue Reading What To Do When Employee Misconduct And Protected Activity Collide?
By Christopher W. Kelleher, Emily J. Miller, and Erin Dougherty Foley
Seyfarth Synopsis: The Eighth Circuit Court of Appeals ruled that a manager’s behavior toward an employee was “reprehensible and improper,” but did not rise to the level of a hostile work environment under Title VII, and affirmed summary judgment for defendants.
In Paskert v. Kemna-ASA Auto
Continue Reading Eighth Circuit Maintains High Bar for Hostile Work Environment Claims
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