Tag: Title VII of the Civil Rights Act of 1964

EEOC maintains steady position on transgender employees’ rights

by JW Furman With all the attention given to President Donald Trump’s recent removal of the Obama administration’s protection for transgender bathroom access, it’s important to remember that the action applies only to public school students. For employers, the issue remains as unsettled as ever.  There’s no reason to believe that the Equal Employment Opportunity […]

VA student’s transgender bathroom case will not pass ‘Go’ . . . yet

by Rachael L. Loughlin Transgender issues continue to be one of the hottest areas of the law today. Recent actions by the Trump administration backing away from the Obama administration’s forceful advocacy of transgender rights may have come as no surprise. Nonetheless, they certainly didn’t help clarify the law. In fact, if anything, the Trump […]

Are rules for same-sex marriage about to change in Texas?

by Jacob M. Monty The Texas Supreme Court recently announced that it will review a case arguing that Texas employers shouldn’t be required to spend taxpayer funds to provide benefits to employee spouses in same-sex marriages, even if they do offer benefits to employee spouses in opposite-sex marriages. Depending on the outcome of the case, […]

Walking the workplace proselytizing tightrope

by David L. Johnson “Have a blessed day.” “I’m praying for you.” “Are you a believer?” “Would you be interested in attending church with me?” Comments and questions like those may be common in your workplace. On the one hand, Title VII of the Civil Rights Act of 1964 bars employers from discriminating against employees […]

What’s gender identity got to do with work?

by Amanda M. Jones From Bruce Jenner’s announcement that he was transitioning to become a woman named “Caitlyn” to North Carolina’s passage of a so-called bathroom bill requiring schools and public agencies to restrict bathroom use to the facility corresponding to a person’s biological sex at birth, gender identity issues have become the subject of […]

Onionheads everywhere rejoice as NY federal court protects their ‘religion’ under Title VII

by Brent E. Siler The title of this article isn’t a typo or a joke. It’s a literal statement of holding in a recent federal case before the U.S. District Court for the Eastern District of New York, which found that an employer’s conflict-resolution program, which its creator dubbed “Onionhead” or “Harnessing Happiness,” was in […]

New EEOC guidance should remind employers to guard against retaliation

No employer trying to build diversity in its workforce is likely to get very far if its culture tolerates discrimination, harassment, and retaliation against employees based on race, gender, age, disability, or any other characteristic protected by law. Not only does such a culture work against recruitment and retention of diverse talent, it also invites […]

Employees’ food allergies are nothing to sneeze at!

by Stefanie M. Renaud Navigating the ins and outs of your obligations under the Americans with Disabilities Act (ADA) and similar state laws can be a challenge for even the most seasoned HR professional. One situation that may be familiar to you is having an employee with food allergies. According to the Asthma and Allergy […]

EEOC revises national origin discrimination guidance for changing workforce

by Arielle B. Sepulveda The Equal Employment Opportunity Commission (EEOC) has released proposed enforcement guidance on national origin discrimination for public comment. Once finalized, the guidance will serve as a reference for agency staff when they investigate and litigate national origin discrimination claims as well as a resource for employers and employees on the law […]

Don’t let Confederate flags lead to interoffice civil war

by Connor Beatty While enjoying a scenic drive along the Maine coast recently, I was startled to come across a giant Confederate flag prominently displayed in a house’s front yard. Less than a week later, a client contacted our firm to ask for advice in responding to an employee’s claim that a vehicle with a […]