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In August, the U.S. Supreme Court upheld an injunction to the Department of Education’s recently issued rule implementing Title IX of the Education Amendments of 1972. Title IX prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government. This order—coupled with its decision overruling Chevron deference—signals the […]
On August 16, the Supreme Court refused to lift lower court orders blocking the Department of Education’s (DOE) new regulations protecting LGBTQ+ students from discrimination based on gender identity. The new rule expanded the definition of sex-based discrimination under Title IX to protect gender identity and sexual orientation discrimination in federally funded schools. The entire […]
Last summer, in Groff v. DeJoy, the U.S. Supreme Court upended the analysis used to determine whether and how employers must accommodate an employee’s religious beliefs. In the year since, there have been some applications of Groff’s reasoning in lower court cases, and here are some takeaways you can apply when working through an employee’s […]
In a momentous decision overturning decades of precedents, the U.S. Supreme Court ruled in SFFA v. Harvard/UNC last year that the use of race in college admissions violated Title VI of the Civil Rights Act of 1964 (Harvard) and the Equal Protection Clause of the Fourteenth Amendment (UNC). While the decision was focused on higher […]
Can an employee sue under Title VII of the Civil Rights Act of 1964 to challenge a lateral transfer, even if the transfer doesn’t result in a loss of pay? According to a recent U.S. Supreme Court decision, the answer is yes. Employers transfer employees, or take other actions, for a variety of reasons. Until […]
In a recent U.S. Supreme Court decision, there was no question that the complaining employee was moved out of her position because of her gender, but she suffered no loss of pay or rank. So the Court had to determine whether she was still able to maintain an employment discrimination claim under Title VII of […]
Since the U.S. Supreme Court’s ruling in Bostock v. Clayton County, which clarified that Title VII of the Civil Rights Act of 1964’s protections against discrimination “based on . . . sex” included sexual orientation and gender identity, an increasing area of legal questions has arisen regarding the conflicts between LGBTQ+ employees’ rights and other employees’ […]
Summertime is nearing, and one of my favorite summer traditions after a long week is to make a big bowl of popcorn, get myself and my dog cozy on the couch, and turn on an old movie. Recently, I rewatched 9 to 5, a classic screwball comedy that will have you rolling on the floor […]
In today’s workplace, many employers allow employees to play music. While this is generally a cost-effective way to improve culture, morale, and productivity; it also creates potential exposure for hostile work environment and sexual harassment claims under Title VII of the Civil Rights Act of 1964. This is particularly true given a recent decision from […]
Pay equity for women remains an issue for many employers. Among those championing gender pay equity is Megan Rapinoe, an American soccer star who’s set to retire from professional play at the end of the National Women’s Soccer League final this Saturday, November 11, 2023. Rapinoe has been at the forefront of gender pay equity […]