On August 16, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment to Wal-Mart Stores East, L.P. (Walmart), who was accused by the Equal Employment Opportunity Commission (EEOC) of engaging in sex discrimination under the Pregnancy Discrimination Act and the Civil Rights Act of 1964 by offering temporary light duty to employees who were injured on the job, but denying a similar accommodation to pregnant employees.
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Sex Discrimination
Sexual Harassment Claims: Follow Policy and Procedure or the Accused May Become the Accuser
The #MeToo movement has placed sexual harassment on the front pages of newspapers, has galvanized some states to reconsider their own sexual harassment laws, and has encouraged employers to take a closer look at their policies and procedures. With such heightened awareness of sexual harassment, employers may feel an inclination to resolve doubts in favor of the accuser. A recent Second Circuit decision, however, illustrates a counterweight to this outlook.
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Deadlines Rapidly Approaching To Meet New York Sexual Harassment Training Requirements
Employers who operate in New York State and City are likely aware of the new sexual harassment laws that are starting to take effect. Many companies have already revised their sexual harassment policies to comply with the new laws, but now face the hurdle of complying with the sexual harassment training requirements under both the State and City laws. While there is overlap between the State and City requirements, there are differences that employers should note.
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Federal Victory For LGBT Rights
This week the LGBT community and its supporters won an important case in the Second Circuit Court of Appeals. In Zarda v. Altitude Express, the Court ruled that Title VII’s ban on sex discrimination extends to same-sex, or “anti-gay,” discrimination. …
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Employee Fired For Being “Too Cute” States A Claim For Gender Discrimination
A New York Appellate decision issued last week—finding that firing an employee for being sexually attractive states a claim for gender discrimination—exemplifies the broad interpretation of discrimination laws in recent years.
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DOL Updates Sex Discrimination Guidelines For First Time In 46 Years
Since President Lyndon B. Johnson signed Executive Order 11246 in 1965, the Office of Federal Contract Compliance Programs (OFCCP) has been charged with ensuring nondiscrimination and affirmative action for females in employment. In 1970, regulations were issued to further this goal, known as the Sex Discrimination Guidelines, codified at 41 CFR Part 60-20. Those guidelines have not been substantially updated in the 46 years since. Until now, that is. The DOL acknowledges the Guidelines have become “out of touch with current law and with the realities of today’s workforce and workplaces.” See: OFCCP Fact Sheet on Sex Discrimination Final Rule. So, the OFCCP is bringing the Guidelines “from the ‘Mad Men’ era’ to the modern era.’”…
Continue Reading DOL Updates Sex Discrimination Guidelines For First Time In 46 Years