Employers need to be on the lookout for instances of offensive employee speech, which may put them between a rock and a hard place as they navigate potential claims under either anti-discrimination laws or federal labor laws.
You have probably heard that Google terminated an employee earlier this month for saying (among other things) that
On Tuesday, the Seventh Circuit jumped into the Title VII sexual orientation discussion with both feet. In Hively v. Ivy Tech Community College of Indiana, a full-court reversed an earlier three judge panel decision, finding that discrimination based solely upon the employee’s sexual orientation is sex discrimination prohibited by Title VII. As the opinion
Is there a difference between being discriminated against because of your sexual orientation versus being discriminated against for not conforming to a gender stereotype? In most areas of the country, there most certainly is according to the Second Circuit in Christiansen v. Omnicom Group, Inc., et al. Matthew Christiansen, an openly gay man and
Just how broad is the EEOC’s subpoena power and are we likely to get some guidance soon? We’ve said before that the McLane v. EEOC case (which is about the EEOC’s subpoena power and is currently before the Supreme Court) is uncertain given President Trump’s election. Since then, we have had two developments: first, President
New York City’s Commission on Human Rights issued a document entitled “Legal Enforcement Guidance on the Discrimination on the Basis of Gender Identity or Expression: Local Law No. 3” on December 21. The Commission enforces the City’s ban on discrimination in public accommodations, housing and employment based on gender.
Gender is defined as a person’s
Earlier this month, OSHA published a Guide to assist employers who may have questions about providing bathroom access to transgender employees. The brief Guide notes that studies show there are an estimated 700,000 adults in the U.S. who consider themselves to be transgendered. OSHA states that restricting those employees to use restrooms who are not