Employment Law Blog

Changes to Sexual Harassment Law Could Help Victims in NYC, Minnesota

June 13, 2018
In the wake of the #MeToo movement, several states and localities have proposed or enacted workplace protections that are more robust than Title VII of the Civil Rights Act of 1964, the federal statute prohibiting sexual harassment in the workplace. As a general rule, federal employment law sets a “floor”—that is, the minimum...

Salary History Not a Defense to Equal Pay Act Claims, 9th Circuit Says

May 16, 2018
Last month, the U.S. Court of Appeals for the Ninth Circuit issued a landmark decision in the decades-long fight against the sex-based pay gap, holding that the Equal Pay Act (the “Act”) forbids employers from considering an employee’s salary history when setting the employee’s compensation. This decision provides an immediate...

Will Nixing Arbitration in Sexual Harassment Claims Affect Other Employment Claims?

May 1, 2018
In the wake of the #MeToo movement, lawmakers and employers across the country seeking to avoid public scorn are taking steps that benefit employees who experience sexual harassment in the workplace. For instance, in December 2017, the major U.S. technology company Microsoft announced it will no longer require employees to...

$13M Jury Award Given to UCLA Doctor for Sex Discrimination, Retaliation

March 29, 2018
Last month, a former physician at the University of California, Los Angeles (UCLA) Medical Center prevailed on state law claims of sex discrimination and retaliation, for which the jury awarded $13 million, while it found against her on her claim of age discrimination. This significant award is a welcome indication that jurors...

Zarda v. Altitude Express: Another Federal Court Breakthrough on Sexual Orientation Discrimination

March 13, 2018
On Feb. 26, 2018, the Second Circuit issued an en banc opinion in Zarda v. Altitude Express, and joined the Seventh Circuit, the EEOC, and some lower federal courts in holding that Title VII of the Civil Rights Act of 1964 (“Title VII”) protects employees from discrimination based on their sexual orientation. The opinion...

Legal Alert: Sixth Circuit Upholds Title VII Protections for Transgender Employees

March 7, 2018
The U.S. Appeals Court for the Sixth Circuit held today that R.G. & G.R. Harris Funeral Homes violated Title VII of the Civil Rights Act when it fired a funeral director after she told her boss that she planned to transition from male to female. Title VII prohibits employment discrimination on the basis of sex, among other...

What is the Difference Between Workplace Bullying and Illegal Sexual Harassment?

February 27, 2018
Not all employees who face bullying in the workplace have actionable sexual harassment claims against their employers. Screaming bosses, coworkers who intentionally undermine one another’s success, and supervisors who set what seem like impossibly high standards can make for an objectively “hostile” work environment. But under...

Victims of Anonymous Online Harassment Suffer Serious Consequences

January 30, 2018
With the rise of #MeToo, social media and the internet have been used as a powerful tool for empowering those who have experienced sexual harassment to come forward. Through social media, victims of harassment in the workplace can identify others with similar experiences, and the impact of their combined voices can help bring...

Is a Long-Term Leave of Absence a Reasonable Accommodation?

January 23, 2018
The Americans with Disabilities Act of 1990 (ADA) provides a comprehensive mandate for the elimination of discrimination, including employment discrimination, against individuals with disabilities. Disability discrimination in employment is commonly thought to refer to an employer’s decision to terminate an employee because of...

How Can We Challenge Sexual Harassment in the Federal Judiciary?

January 9, 2018
Last month, allegations of sexual harassment against Ninth Circuit Court of Appeals Judge Alex Kozinski showed that the federal judiciary is not immune from the type of insidious sexism that plagues every industry. The federal judiciary is largely immune, however, from the laws that protect victims of sexual harassment in other...

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