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Sex Discrimination Protected Class Employment Litigation

McGlinchey Stafford

SCOTUS Ames Decision: Everyone’s in a “Protected Class”

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In employment law, we traditionally think of discrimination as applying to minority groups: African Americans, women, homosexuals, or other legally protected groups. In analyzing discrimination claims, one of the first...more

Parker Poe Adams & Bernstein LLP

Supreme Court Rejects Elevated Standard for Proving Reverse Discrimination Claims

The U.S. Supreme Court unanimously rejected use of a special legal test for plaintiffs to prove illegal bias in reverse discrimination cases. ...more

Smith Anderson

Supreme Court Lowers The Bar For Title VII Claims

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On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court resolved a split among the federal circuit courts over whether an employee challenging a job transfer under Title VII must meet a heightened threshold of...more

Benesch

Supreme Court Lowers Plaintiffs’ Burden for Title VII Discriminatory Transfer Claims

Benesch on

On April 17, 2024, the U.S. Supreme Court unanimously lowered the burden applicable to discriminatory transfer claims brought under Title VII. According to the Court, a showing of some harm—rather than significant or some...more

BakerHostetler

SCOTUS Holds that Job Transferees Need Only Show ‘Some Harm’ Under Title VII

BakerHostetler on

SCOTUS announces ‘some harm’ standard for Title VII claims based on a mandatory job transfer. The Supreme Court in Muldrow v. City of St. Louis, Missouri, et al., 601 U.S. ____ (April 17, 2024), held that where an...more

Fisher Phillips

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

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You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

Rumberger | Kirk

The Circuit Court Showdown: Will SCOTUS Say Yay or Nay Under Title VII to LGBT Workplace Discrimination?

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Employers have long known that gender stereotyping is not allowed under Title VII of the Civil Rights Act’s prohibition on discrimination because of sex. However, there has been some confusion over whether this prohibition...more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

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Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more

Foley & Lardner LLP

The Saga Continues: Second Circuit Court of Appeals Holds that Sexual Orientation Discrimination is Sex Discrimination Under Title...

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We have steadily followed the evolving legal landscape, including the emerging circuit court split, surrounding whether the federal anti-discrimination law, Title VII, prohibits discrimination based on sexual orientation or...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Breaks Ground: Sexual Orientation Discrimination Federally Protected

On February 26, 2018, the Second Circuit ruled for the first time that discrimination based on sexual orientation is unlawful under Title VII of the Civil Rights Act of 1964. The question at issue in Zarda v. Altitude...more

Stinson LLP

Second Circuit Joins Seventh in Expanding Gender Discrimination Definition

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On February 26, 2018, the U.S. Court of Appeals for the Second Circuit issued an en-banc opinion holding that an employment action based on sexual orientation is discrimination based on sex....more

Troutman Pepper Locke

Circuit Split on Sexual Orientation Discrimination Continues With New Second Circuit Opinion

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On February 26, the U.S. Court of Appeals for the Second Circuit joined the Seventh Circuit in holding that sexual orientation discrimination is prohibited by Title VII of the Civil Rights Act of 1964 (Title VII). Zarda v....more

Gray Reed

Game Changer? New Sex Discrimination Case Regarding Sexual Orientation

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Discrimination based on sex is illegal. Does that include sexual orientation? It depends on where you live. In Texas, discrimination based on sexual orientation may be inappropriate, but it is not illegal. Elsewhere in the...more

Ballard Spahr LLP

The Split Deepens: 2nd Circuit Holds that Title VII Bans Sexual Orientation Discrimination

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The U.S. Supreme Court now has a greater incentive to resolve the issue of whether Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sexual orientation....more

Seyfarth Shaw LLP

TITLE VII: Court Breaks from Department of Justice on Transgender Rights

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the first case following the Department of Justice’s pronouncement that Title VII does not prohibit discrimination against transgender persons on the basis of gender identity, a court in the Western...more

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