Supreme Court Rules that Federal Law Protects Gay and Transgender/Transitioning Employees from Workplace Discrimination
The Bottom Line Firing an employee for being gay, bisexual, transgender or transitioning is a violation of federal law. Employers should be mindful that such discrimination may seep into the workplace in much more subtle ways than an employee’s termination. Employees should be encouraged to shed Continue Reading
U.S. Department of Labor Finalizes Rule to Determine Joint Employer Status
The Bottom Line Employers should be mindful of the DOL’s new four-factor test for determining joint employer liability, which appears to be the DOL’s attempt to narrow the joint employer definition, clarify the joint employment relationship and reduce litigation nationwide on joint employer status. Continue Reading
Employers Need to Promptly Raise Plaintiff’s Failure to File Charges with the EEOC
The Bottom Line With Fort Bend, the Supreme Court has set limits on an employer’s ability to dismiss a Title VII claim when the employee failed to raise a parallel claim with the EEOC. The Fort Bend decision serves as a warning that employers should promptly conduct a careful review of a Title Continue Reading
EEOC Requires Employers to Collect and Submit Pay Data by September 30, 2019
Update The EEOC announced in September 2019 that it will not be collecting Component 2 data (i.e., pay and hours data) for the EEO-1 report after 2019, citing the administrative and financial burden on employers in complying with the requirement. The EEOC will continue its annual collection of Continue Reading
Second Circuit Rules That Title VII Prohibits Discrimination on Basis of Sexual Orientation
The Bottom Line The Zarda decision deepens the growing split between the circuit courts on the issue of whether discrimination based on sexual orientation is prohibited under federal law. It is now more likely that the U.S. Supreme Court will ultimately have to determine whether federal law should Continue Reading