News & Analysis as of

Sex Discrimination Retaliation

Venable LLP

DOJ Issues Expanded Guidance on DEI-Related Practices

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On July 29, the Office of the U.S. Attorney General issued a memorandum that offers additional color respecting unlawful discrimination, which President Trump originally characterized as “illegal DEI” in his January 2025...more

Blank Rome LLP

DOJ Issues July 2025 Guidance on Unlawful Discrimination: Navigating Diversity, Equity, and Inclusion in a New Legal Landscape

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From the outset of his current term in office, President Trump has made it a signature policy objective to target and dismantle diversity, equity, and inclusion (“DEI”) and so-called “gender ideology” in both the public and...more

Poyner Spruill LLP

Why Comparator Analysis Matters: A Key Fourth Circuit Ruling

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Title VII of the Civil Rights Act of 1964 generally prohibits covered employers from taking adverse actions against employees on the basis of race, sex, and other protected categories. Employee discipline is often the subject...more

Husch Blackwell LLP

Proselytizing Online, Fired in Real Life: Are Anti-LGBTQ+ Views Protected by Title VII?

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Earlier this month, the Equal Employment Opportunity Commission (EEOC), after first attempting to reach a pre-litigation settlement, commenced litigation against Rock Snowpark on July 2, 2025, for allegedly retaliating...more

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

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

Title VII Lawsuit in Utah Federal District Court Challenges Employee’s Firing After Making Online Posts

An in-house attorney recently sued his former employer in a Utah federal district court for discrimination and retaliation under Title VII of the Civil Rights Act of 1964, alleging he was unlawfully fired after posting social...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

Littler

Littler Lightbulb – April Employment Appellate Roundup - May 2025

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Fifth Circuit Affirms Judgment for Employer on Title IX and Title VII Retaliation Claims - In Lewis v. Board of Supervisors of LSU, __ F.4th __ (5th Cir. Apr. 8, 2025), a former employee of a university football department...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

Polsinelli

EEOC Guidance on DEI-Related Discrimination in the Workplace

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On March 20, 2025, the Equal Employment Opportunity Commission (EEOC) issued two key pieces of guidance: What To Do If You Experience Discrimination Related to DEI at Work and What You Should Know About DEI-Related...more

Brooks Pierce

DOJ and EEOC Issue Statements on Administration’s Interpretation of "Illegal DEI"

Brooks Pierce on

On March 19, 2025, the United States Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents that illuminate how these federal agencies will define "illegal...more

Dorsey & Whitney LLP

EEOC and DOJ Issue Joint Press Release and Technical Assistance Documents on “Unlawful DEI-Related Discrimination”

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On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) issued a joint press release announcing the release of two technical assistance documents designed to...more

Constangy, Brooks, Smith & Prophete, LLP

7 tips for employers about DEI programs

From the feds. This week, the U.S. Equal Employment Opportunity Commission and the Department of Justice issued technical assistance materials on diversity, equity, and inclusion initiatives, including one document titled...more

Mintz - Employment Viewpoints

EEOC & DOJ Release Guidelines on “DEI-Related Discrimination”

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) released joint “technical assistance documents” (i.e., non-binding interpretive guidelines for...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

CDF Labor Law LLP

Employee Replaced by White Male Coupled With Employer’s Poor Investigation Fuels Disparate Treatment Claim

CDF Labor Law LLP on

In Lui v. DeJoy, the Ninth Circuit held that a woman of Chinese ethnicity’s demotion, when coupled with a white male replacing her position, gave rise to an inference of discrimination. The employer’s investigation into the...more

Clark Hill PLC

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

Clark Hill PLC on

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

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says No Implied Right of Action for Employees Under Title IX

Title IX of the Education Amendments of 1972 prohibits sex discrimination in educational institutions that receive federal funding. For years, federal courts have interpreted Title IX to include an implied right of action for...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - November 2024 #2

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Diego Pavia became the latest college athlete to sue the NCAA. While many past NCAA lawsuits have concerned NIL, the Vanderbilt football quarterback is seeking an extra year of eligibility. His argument, in court documents...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says Title IX Does Not Allow Employment Discrimination Claims

In a break from other federal appeals courts, the Eleventh Circuit ruled last week that Title IX does not provide school district and university employees with a private right of action to file sex-based discrimination...more

Carlton Fields

Eleventh Circuit Narrows Scope of Employee Title IX Claims

Carlton Fields on

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 Culver’s for Discriminating Against Transgender Employee and Retaliating Against Him and His Co-Workers

Federal Agency Charges Fast Food Companies Subjected Transgender Manager to Misgendering and Deadnaming and Fired Him and Co-Workers for Complaining - CLARKSTON, Mich. – Five related entities operating Culver’s restaurants...more

U.S. Equal Employment Opportunity Commission...

Fiscal Year 2024 EEOC Litigation Focuses on Emerging Issues and Underserved, Vulnerable Populations

Agency Files First Cases Enforcing Pregnant Workers Fairness Act - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it filed 110 lawsuits challenging unlawful employment...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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Three Employers for Race Discrimination

Federal Suits Charge a Retirement Community Operator, Call Center Operator, and a Salt Producer Engaged in Racial Discrimination - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) filed a trio of...more

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