News & Analysis as of

Retaliation Sexual Harassment Sex Discrimination

Seyfarth Shaw LLP

In the Zone: Third Circuit Expands Title IX’s “Zone of Interests”

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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

Clark Hill PLC

In the Zone: Third Circuit Clarifies Reach of Title IX

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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

Proskauer - California Employment Law

Court Reverses $10 Million Sexual Harassment Verdict Due To Judge’s “Bizarre Comments”

On April 7, 2025, the California Court of Appeal reversed a whopping $10 million verdict in favor of an employee in a sexual harassment case due to the trial judge’s improper evidentiary rulings and inappropriate comments...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Taco Bell Franchisees for Sexual Harassment and Retaliation

Federal Agency Alleges Fast Food Companies Created Hostile Work Environment for Female Workers, Including Teens, and Fired Manager When She Reported Misconduct - DETROIT – Six related entities operating Taco Bell...more

Clark Hill PLC

When a University Investigates and Punishes a Male Student, but Not Female Students, for Spreading False Rumors of Sexual...

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In a lawsuit filed against Vanderbilt University by a male student who was disciplined for spreading rumors about alleged sexual misconduct by another male student, a federal district court allowed the plaintiff to pursue...more

Carlton Fields

Eleventh Circuit Narrows Scope of Employee Title IX Claims

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Last week, the U.S. Court of Appeals for the Eleventh Circuit ruled that Title IX of the Education Amendments of 1972 does not provide an implied right of action for sex discrimination in employment. This decision deepens an...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Two Employers for Sex Discrimination - September 2024

Federal Agency Alleges Restaurant and Cosmetic Retailer Subjected Transgender Employees to Harassment - WASHINGTON –The U.S. Equal Employment Opportunity Commission (EEOC) filed lawsuits against two companies to enforce...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Rejects Education Department’s Bid to Stay Injunctions Barring Enforcement of New Title IX Rules

The Court’s decision leaves in place injunctions barring ED from enforcing the new regulations in over 20 states and against nearly 700 institutions of higher education. The Education Department (ED) released new Title IX...more

Proskauer Rose LLP

California Employment Law Notes - July 2024

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Employee Who Wanted To Donate/Freeze Her Eggs Was Not Protected By Pregnancy Statute - Paleny v. Fireplace Products U.S., Inc., 103 Cal. App. 5th 199 (2024) - Erika Paleny alleged harassment, discrimination and...more

Proskauer - Law and the Workplace

New Jersey Supreme Court Rules Nondisparagement Clauses in Settlement Agreements May Violate the NJ Law Against Discrimination

On May 7, 2024, the New Jersey Supreme Court held in Savage v. Township of Neptune that a non-disparagement clause in a settlement agreement between a former police sergeant and her former employer resolving sex...more

Akin Gump Strauss Hauer & Feld LLP

Understanding the 2024 Title IX Regulations: Expansions and Enhancements in Education Rights

The U.S. Department of Education recently issued final regulations governing Title IX, the federal civil rights law prohibiting sex-based discrimination in education programs or activities—such as public or private schools,...more

FordHarrison

New York Employers Now Face Yet Another Change in their Ability to Obtain Confidentiality and Enforcement of Nondisparagement...

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New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law....more

Ervin Cohen & Jessup LLP

New California Law Protects Victims of Sexual Harassment, Discrimination or Assault From Claims of Defamation

The California Legislature recently passed Assembly Bill 933, a bill expanding privileged speech to expressly include communications regarding factual information pertaining to incidents of sexual assault, harassment or...more

Littler

New York Enacts Greater Restrictions on Release Agreements Involving Claims of Discrimination, Harassment, or Retaliation

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On November 17, 2023, the New York governor signed into law S4516, which amends Section 5-336 of the New York General Obligations Law to restrict certain terms from being included in release agreements involving claims of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Paramount Healthcare Consultants for Sex Discrimination and Retaliation

Nazareth Living Care Center Harassed and Retaliated Against Two Housekeeping Employees, Federal Agency Charges - DALLAS – Paramount Healthcare Consultants, LLC, which operates facilities across Texas and Louisiana, and MPD...more

U.S. Equal Employment Opportunity Commission...

Pilot Plastics Conciliates EEOC Sex Discrimination and Retaliation Finding

CLEVELAND — Pilot Plastics, which operated a plastics manufacturing company in Peninsula, Ohio, has agreed to pay $52,500 in monetary relief to a former employee to resolve a sex discrimination and retaliation charge filed...more

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

New York State Adopts Updates to Model Sexual Harassment Prevention Policy

On April 11, 2023, the New York State Department of Labor (NYSDOL) finalized updates to the state’s “Sexual Harassment Model Policy” that provides employers a template to aid their compliance with New York State laws...more

Proskauer - Law and the Workplace

REMINDER: Chicago Employers Must Complete Sexual Harassment Prevention and Bystander Training by June 30, 2023

On April 27,2022, the Chicago City Council passed SO2022-665, which broadened the Chicago Human Rights Ordinance (the “Ordinance”) and imposed new requirements on Chicago employers with respect to preventing sexual harassment...more

Bricker Graydon LLP

[Webinar] Annual Clery Training and Title IX Hot Topics - February 22nd, 1:00 pm - 4:00 pm EST

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Are you a Title IX team member who needs to make sure your annual Clery training requirements are fulfilled? This training is designed to cover the annually required topics listed in 34 C.F.R. 668.46(k)(2)(ii) through the...more

K&L Gates LLP

Working Wise: Silenced No More: A Survey Across Three States

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Penny Chen, Jin To, and Jessica Kang, lawyers in K&L Gates’ Labor, Employment and Workplace Safety practice group, discuss California, Illinois, and Washington states’ various “silence no more” type acts, which prohibit...more

Fox Rothschild LLP

The Evolving Title IX Landscape: U.S. Department of Education Releases New Notice of Proposed Rulemaking

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On the 50th anniversary of the signing of the Title IX, the U.S. Department of Education proposed several noteworthy changes that provide additional protections against pregnancy discrimination, gender identity discrimination...more

Littler

Non-Disparagement Provisions Not Barred by NJLAD’s #MeToo Amendments, For Now

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In March 2019, in response to the #MeToo movement, New Jersey enacted N.J.S.A. 10:5-12.8, which amended the New Jersey Law Against Discrimination (NJLAD) to prohibit, in employment contracts or settlement agreements, any...more

Pillsbury Winthrop Shaw Pittman LLP

Department of Education Proposes New Regulations Under Title IX

The Department of Education has proposed new regulations overhauling Trump-era rules governing how schools must respond to sex-based discrimination. The proposed rules expand the definitions of sex discrimination,...more

Genova Burns LLC

It’s Settled...Or Is It? NJ Appellate Division Rules The NJLAD Does Not Prohibit Non-Disparagement Clauses in Settlement...

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On May 31, 2022, in Savage v. Township of Neptune, the New Jersey Appellate Division partially upheld, and partially overturned, a trial court’s enforcement of a private settlement agreement, holding that although the...more

Saiber LLC

Non-Disparagement Clauses Held Enforceable in New Jersey Employment Settlement Agreements

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Although New Jersey clearly prohibited non-disclosure provisions in employment contracts and settlement agreements in 2019 under N.J.S.A. 10:5-12.8 relating to a claim of discrimination, retaliation, or harassment, an open...more

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