On June 15, 2020, the United States Supreme Court ruled that Title VII of the 1964 Civil Rights Act protects gay and transgender employees from discrimination.  The Court’s decision was 6-3 and the opinion was authored by Justice Gorsuch, who was joined in the decision by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor and

This post was authored by Melanie L. Chaney.

Under Title VII and the Fair Employment and Housing Act (“FEHA”), the employer has an affirmative obligation to take all reasonable steps necessary to prevent harassment, discrimination, or retaliation.  In order to comply with this obligation, employers must investigate all complaints of harassment, discrimination, or retaliation. 

It is that time again. These are actual employment cases.  Really, they are.

Mad at your co-workers? Tell a friend, not Facebook

Jayne Brill sued her former employer and the Virginia Employment Commission because she was terminated and denied unemployment benefits. Brill was alleged to have violated the company’s social media policy when she made

The allegations of sexual harassment and assault levied against Hollywood producer Harvey Weinstein have been front page news for the last week.  The board of directors of his company swiftly voted to terminate his employment, but only time will tell what impact Mr. Weinstein’s transgressions (and alleged criminal activity) will have on his former company. 

In April, we reported on the Seventh Circuit Court of Appeals decision in Hively v. Ivy Tech Community College of Indiana, which held that sex-discrimination under Title VII of the Civil Rights Act includes discrimination on the basis of sexual orientation.  Like the California federal trial court in Videckis v. Pepperdine University, the

This post was authored by Kristin D. Lindgren

Intro

Employers are well aware that employee disabilities can create mine fields due to the technical nature of disability discrimination laws.  Even the most well-intentioned employers can run into trouble.  But, what happens when the employer has recommended discipline of an employee, and the employee informs the

Gavel-and-Books.JPGTitle VII of the U.S. Civil Rights Act of 1964 (hereafter “Title VII”) has long prohibited discrimination on the basis of sex in the terms, conditions or privileges of employment. One question of ongoing statutory interpretation has not been definitively answered: what constitutes “sex” for the purposes of employment discrimination? Are the terms “sex” and