Practitioners in our field have grown accustomed to seeing others’ dismay as they discover that Title VII does not bar sexual orientation discrimination, but now it has changed. On April 4, 2017, the full 7th Circuit U.S. Court of Appeals, in an 8-3 decision, ruled that sex discrimination extends to sexual orientation.
NC Employment Law Blog
The repeal of House Bill 2 ends a year of high drama in The Old North State, but many challenges remain for the LGBTQ community. Gone is the most odious provision of this notorious law. The clause prohibiting anyone from using a restroom other than that which corresponds to their birth certificate is history.
Fifth Circuit Rules Retaliation Provision of the Fair Labor Standards Act Permits Recovery for Emotional Distress Damages
A Texas man struck gold last week with the Fifth Circuit’s decision that the Fair Labor Standards Act (the “FLSA”) allows retaliation victims to recover emotional distress damages.
Dos Equis beer maker Cuauhtémoc Moctezuma Brewery doesn’t always discriminate, but when it does, it appears to do so on the basis of age. Last week, the beer maker announced that it was replacing its 77-year old most interesting man spokesman, Jonathan Goldsmith, with 41-year old French actor.
The families are grateful for Judge Caldwell’s order denying Defendants’ Motion to Dismiss on all four claims brought against Calvary Church. While the Court required several revisions to the Complaint, these were largely stylistic and did not impact the substance of the families’ claims. The case now proceeds to discovery, where the families will now […]
Fourth Circuit Rules that Title IX Provides Transgender Students Right to Bathroom of Gender Identity
On Tuesday, April 19, 2016, the Fourth Circuit Court of Appeals issued a landmark decision, holding for the first time that federal law prohibits public schools from denying transgender students access to bathrooms that correspond with their gender identities. The Fourth Circuit’s 2-1 decision overturned the United States District Court for the Eastern District of Virginia’s holding that Title IX of the Education Amendments Act does not allow for students to use the restroom that aligns with their gender identity.
Last night, Governor Pat McCrory signed House Bill 2 into law, a mere 10 hours after it was first revealed to the public. In their haste to strike down Charlotte’s Non-Discrimination Ordinance, the General Assembly and Governor enacted a law that does far more than prohibit transgender and gender nonconforming Charlotteans from using public restrooms.
College’s Failure to Rightfully Uphold Its Sexual Assault Policy Results in Student Victim Attempting to Take Own Life
If you’re reading this, you’ve already taken an important step toward fighting back against an epidemic of sexual violence toward women on college campuses. There are robust federal and state laws that provide legal recourse for female students who have been sexually assaulted or raped.
The Americans with Disabilities Act (“ADA”) just celebrated its 25th birthday. On July 26, 1990, President George H.W. Bush signed the ADA into law two years after its 1988 introduction to Congress. However, the fight to protect individuals with disabilities began much earlier with community activism around the country. This made the ADA possible.
Refusing Supervisor’s Advances is Enough to Protect Victims from Retaliation According to the 6th Circuit Court of Appeals
The overwhelming majority of women who are sexually harassed at work don’t report the harassment up their chain of command or to human resources. This is often a mistake because the Company may be able to avoid liability for the underlying sexual harassment, if it is not on notice of the problem.
An investigation launched by the New York Times has recently exposed the devastating, illegal conditions prevalent in many nail salons within New York City – conditions that include the stealing of tips, failure to pay overtime or even minimum wage, and the intense exposure to toxic fumes and chemicals. It’s hardly a reach to conclude that these sort of deplorable practices are occurring in North Carolina as well.
An estimated 53 million people are employed as domestic workers around the world. At this moment, in Colorado, a class action lawsuit is unfolding, alleging that several sponsor organizations from the au pair program are failing to obey state minimum wage laws.