At a time when transgender individuals are gaining visibility around the country, the world of employment law has been expanding to protect employees from discrimination, harassment, and retaliation on the basis of their gender identity. Given that a 2021 study showed that nearly half of LGBTQ+ employees reported discrimination or harassment on the basis of
Discrimination
Supreme Court Clarifies Low Burden for Employees to Establish Harm Supporting Discriminatory Job Transfer Claims Under Title VII
On April 17, 2024, the Supreme Court of the United States clarified the standard of harm an employee must demonstrate to support a discriminatory job transfer claim under Title VII of the Civil Rights Act.
In a unanimous decision, the Court held in Muldrow v. City of St. Louis that an employee challenging a job…
“Religious-Liberty Training” Sanctions – What California Attorneys and Employers Need to Know About and After Carter v. Transp. Workers Union of Am., Loc. 556
Flight attendant Charlene Carter sued her employer and her union alleging, among other things, that they discriminated against her on the basis of religion, in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”). In July 2022, a jury awarded Ms. Carter $5.1 million. This sum appears to be consistent with…
Complying with Your Agency’s Title VI Obligations
California public agencies often accept funds, grants, and other federal financial assistance either directly from a federal department or agency, or indirectly through a California department or agency. Typically, when a public agency accepts federal financial assistance – either directly or indirectly – it must comply with specific obligations as a condition of receipt. Often…
Supreme Court Hears Oral Argument in Case on Race Conscious Admissions in Higher Education
On October 31, 2022, the U.S. Supreme Court heard oral arguments in two cases: Students for Fair Admissions v. University of North Carolina and Students for Fair Admissions v. President and Fellows of Harvard. The Court’s resulting decision now stands to determine the fate of race-conscious admissions in higher education.
Brief Factual Background
Holistic…
New Law Prohibits Discrimination in Employment for Outside-of-Work Cannabis Use
On September 18, 2022, Governor Newsom signed and approved Assembly Bill 2188 (“AB 2188”), which amends the California Fair Employment and Housing Act (“FEHA”) to generally prohibit an employer from discriminating against an employee or employment applicant for cannabis use off the job and away from work, which is a significant change to the…
Title IX Comment Period Closes
On Monday, September 12, 2022, the U.S. Department of Education closed the two-month comment period for the public to voice their opinions on the proposed changes to Title IX, the federal law that governs how schools supported by federal funding respond to forms of sex discrimination. Over 200,000 comments flooded the U.S. Department of Education…
U.S. Department of Education Releases Proposed Changes to 2020 Title IX Regulations
On Thursday, June 23, 2022, the U.S. Department of Education released proposed changes to the Title IX regulations. The release of the amendments marks the 50th anniversary of Title IX, the federal law protecting individuals against sex discrimination in education programs and activities supported by federal funding. The proposed regulations will be open for public…
Key Considerations For Employers When Developing An Anti-Harassment, Discrimination, And Retaliation Policy
The Fair Employment and Housing Act (the FEHA) provides employees with legal protection from harassment, discrimination and retaliation. The Department of Fair Employment and Housing (DFEH) is the California agency that oversees and enforces the FEHA. As part of its oversight role, DFEH issues guidance to employers to assist in compliance with the FEHA requirements.…
Federal COVID-19 Discrimination Case Provides Essential Reminder for California Employers
Since the COVID-19 pandemic first began, it has had a multitude of evolving impacts on the operation of the workplace. One impact is the increased number of requests employers are receiving from employees for reasonable accommodations. These increases are attributed to various factors, which have evolved as the pandemic has progressed. At the outset of…