Workplace Sexual Assault and Third-Party Risk: What’s the Tea in L&E?
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(Podcast) California Employment News: Creating the Report for a Workplace Investigation – Part 4 (Featured)
California Employment News: Creating the Report for a Workplace Investigation – Part 4 (Featured)
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California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability
(Podcast) California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability
If an employee complains about a sexually suggestive picture circulating in the workplace that looks like her but is not, is that a hostile work environment complaint? It might be. In Lillian Carranza v. City of Los Angeles,...more
On Thursday, June 5, 2025, the Supreme Court unanimously rejected the notion that Title VII of the Civil Rights Act of 1964 (“Title VII”) imposes special requirements on a “majority-group” plaintiff trying to make an initial...more
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
On May 29, 2025, the U.S. Court of Appeals for the Third Circuit held in Oldham v. Pennsylvania State Univ., No. 22-2056 (3d Cir. May 29, 2025) that Title IX may allow for claims by non-students and non-employees. In the...more
In a unanimous decision issued June 5, 2025, the U.S. Supreme Court in Ames v. Ohio Department of Youth Services vacated a Sixth Circuit ruling that imposed a higher evidentiary burden on majority-group plaintiffs in Title...more
On May 29, 2025, in Oldham v. Pa. State University, the Third Circuit Court of Appeals held that the “zone of interest” test applies to Title IX claims. See No. 22-2056, 2025 WL 1524452 (3d Cir. 2025). The plaintiff, Jennifer...more
On June 5, 2025, the Supreme Court issued its opinion in Ames v. Ohio Department of Youth Services in which the Plaintiff alleged reverse discrimination based on sexual orientation. Marlean Ames was hired in 2004 as an...more
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
A federal appeals court recently held that an employer’s health insurance plan wrongly excluded coverage for gender-affirming care in violation of federal civil rights law – offering a warning to employers across the country...more
A federal appeals court has made it easier for plaintiffs to bring employment discrimination lawsuits, but failed to offer clear guidance on how employers can adjust policies to minimize litigation risk. The en banc...more
On August 18, 2023, the Fifth Circuit Court of Appeals, which holds jurisdiction over Texas, Louisiana and Mississippi, abandoned a decades-old interpretation that discrimination must be related to an “ultimate employment...more
In its Oncale decision, the U.S. Supreme Court recognized that same-sex sexual harassment violates Title VII’s sex discrimination prohibition. In that case, the court said that plaintiffs can demonstrate same-sex harassment...more
The Texas Commission on Human Rights Act (TCHRA) prohibits discrimination in employment based on sex. The state law defines “sex discrimination” to include “discrimination because of or on the basis of pregnancy, childbirth,...more
Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (2020) - Summary: Title VII prohibits employers from discriminating against employees on the basis of sexual orientation or gender identity....more
In Theidon v. Harvard University, No. 18-1279 (January 31, 2020), the U.S. Court of Appeals for the First Circuit affirmed a lower court’s decision granting summary judgment for Harvard University as to a female professor’s...more
Frlekin v. Apple, Inc., -- Cal. -- (2020) - Summary: The time employees spent on Apple’s premises waiting for and undergoing a mandatory exit search of personal belongings was compensable as “hours worked” under Wage...more
As previously reported in EmployNews, a number of states and municipalities have tried to address gender-based pay gaps by adopting legislation that prohibits employers from asking about pay history or setting starting...more
The Ninth Circuit recently ruled that salary history is no defense to a claim of sex discrimination under the federal Equal Pay Act, effectively expanding from the West Coast to the entire circuit a ban on a previously common...more
The Second Circuit has held that employees who allege they were underpaid on the basis of their sex, in violation of Title VII of the Civil Rights Act, are not required to first establish an Equal Pay Act claim but rather...more
The Equal Pay Act allows employees to bring claims of pay discrimination based on gender by alleging that they were paid less than employees of a different gender who perform the same or similar work. This comparator...more
In order to state a claim of employment discrimination under federal civil rights laws, employees must demonstrate that they have been subjected to an adverse action. In most cases, the employee has been fired, demoted, or...more
Title VII of the Civil Rights Act of 1964 provides specific time limitations for filing EEOC charges and subsequent lawsuits. What happens, however, if the employer and employee agree to shorten the period of time under which...more
The Appellate Division has stopped a former medical resident’s discrimination and constructive discharge claims from proceeding because the resident did not do everything in her power to remain employed. On August 2, 2019, in...more
Our July update considers recent developments in employment law, including cases on shared parental pay, holiday pay calculations and whistleblowing disclosures. We also outline other points of note, including proposed...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more