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Discrimination › Appeals › Sex Discrimination

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Cozen O'Connor

Ames v. Ohio Department of Youth Services

Cozen O'Connor on

In a unanimous opinion, the Supreme Court of the United States announced that Title VII’s protections against discrimination do not require majority group individuals (including white people, men, and heterosexuals) to...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: SCOTUS overrules higher standard for majority group asserting bias claims

Constangy, Brooks, Smith & Prophete, LLP on

On June 5th the U.S. Supreme Court held that majority-group plaintiffs do not have to show special “background circumstances” to support a Title VII discrimination claim. ...more

Bradley Arant Boult Cummings LLP

Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim

Bradley Arant Boult Cummings LLP on

Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more

Benesch

Supreme Court Appears Poised to Do Away With Additional Burdens on Reverse-Discrimination Plaintiffs

Benesch on

On February 26, 2025, the U.S. Supreme Court heard oral arguments in Ames v. OH Dept. of Youth Services, which questioned whether the Sixth Circuit Court of Appeals correctly decided that a heterosexual plaintiff should have...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges...more

Ruder Ware

Employer Must Make Clear Decision the First Time

Ruder Ware on

A recent decision from the Fifth Circuit Court of Appeals has again emphasized the importance of an employer making the right decision regarding the handling of an employment matter at the very start and not changing the...more

Fisher Phillips

Court Lowers Punitive Damages Bar In Claims Against NYC Employers

Fisher Phillips on

The state’s highest court might have just made life more difficult for employers facing liability under New York City’s anti-bias law. Clarifying a question left open by New York City’s Human Rights Law (NYCHRL), the New York...more

Fisher Phillips

2nd Circuit Reaffirms Limitations On Statistical Evidence In Pay Equity Cases

Fisher Phillips on

As pay equity litigation heats up across the country, the 2nd Circuit Court of Appeals issued a January 26 decision that should help employers in New York, Connecticut, and Vermont combat claims brought under the federal Pay...more

FordHarrison

Seventh Circuit Indicates It May Conclude that Sexual Orientation Discrimination is Sex Discrimination Under Title VII

FordHarrison on

Since its enactment, courts have followed the premise that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation discrimination. A changing of the tides began in July 2015, when the Equal Employment...more

Ballard Spahr LLP

SCOTUS Grimm decision could impact CFPB position on ECOA protection for gender identity and sexual orientation

Ballard Spahr LLP on

On October 28, 2016, the U.S. Supreme Court granted the petition for a writ of certiorari in Grimm v. Gloucester County School Board, a decision of the U.S. Court of Appeals for the Fourth Circuit that marked the first time...more

Hinshaw & Culbertson LLP

Supreme Court Permits Employers to Seek Review of EEOC's Conciliation Efforts

Hinshaw & Culbertson LLP on

On April 29, in a relatively employer-friendly decision, the U.S. Supreme Court determined that the EEOC's conciliation efforts are subject to judicial review....more

Foley & Lardner LLP

Rampant Sexual Misconduct in Indiana Prison Shows Pitfalls for Employers

Foley & Lardner LLP on

Believe it or not, this is not a scene from the new season of Orange is the New Black. It’s actually the opening lines from Orton-Bell v. Indiana, No. 13-1235 (7th Cir. July 21, 2014), an opinion authored by Judge Manion, and...more

U.S. Equal Employment Opportunity Commission...

Sixth Circuit Issues Second Victory to EEOC in Sex Discrimination Case Against Cintas Corp.

U.S. Equal Employment Opportunity Commission... on

Court Denies Rehearing of Its Earlier Ruling Allowing Systemic Hiring Discrimination Case and Overturning Award of Attorney's Fees; Cintas CEO Likely to be Deposed - WASHINGTON - In a second victory for the U.S. Equal...more

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