Discrimination & Retaliation

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On April 9, 2018, the Ninth Circuit issued its decision in Rizo v. Yovino and affirmed that prior salary, alone or in combination with other factors, cannot justify a wage differential between male and female employees. Judge Stephen Reinhardt, who died unexpectedly in late March, authored the  ruling. Known as the “Liberal Lion” of the federal judiciary in California, Judge Reinhardt also overturned bans on same-sex marriage and physician-assisted suicide and declared prison overcrowding unconstitutional.Continue Reading The “Liberal Lion’s” Last Opinion Says Salary History Can’t Justify Wage Differentials

It’s no secret that a diverse and inclusive workplace has become critical for success. Clients, investors and talent are increasingly attracted to companies with socially responsible values and progressive workplace polices – with good reason. Diversity and inclusion have been linked to innovation, financial results and employee engagement.

Yet many organizations have long struggled to…

In the wake of the #metoo movement, several lawmakers proposed legislation to ban confidentiality provisions in workplace sexual harassment settlements.

Critics of confidentiality agreements say that they enable serial abusers and silence victims. But, some advocates question whether a ban could actually harm individuals. For instance, some victims may actually prefer confidentiality and the prospect of publicity may discourage them from coming forward. Further, the promise of confidentiality may lead to larger (and earlier) monetary settlements for victims.Continue Reading #MeToo Breaks Silence, Legislators Follow: Confidentiality Provisions

The use of mandatory employment arbitration agreements has long been the subject of debate, but the controversy has intensified since the inception of the #MeToo movement. Some legislators believe that mandatory arbitration of sexual harassment claims silences harassment victims and perpetuates harassment.
Continue Reading #MeToo Breaks Silence, Legislators Follow: Arbitration Agreements

On the heels of the Second Circuit’s decision that sexual orientation discrimination violates Title VII, advocates for LGBTQ rights scored another victory in federal court. On March 7, 2018, the Sixth Circuit unanimously ruled in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. that discrimination on the basis of transgender and transitioning status violates Title VII’s prohibition on sex-based discrimination.
Continue Reading Another Federal Court Victory For LGBTQ Rights–The Sixth Circuit Follows The Lead Of The Second And The Seventh Circuits

Jordan Kirkness and Susan MacMillan in our Toronto office report that the government of Ontario announced yesterday that it will introduce new legislation to require certain employers to track and publish their compensation information.

The proposed legislation is part of the province’s initiative to advance women’s economic status and create more equitable workplaces (the initiative…

On February 26, 2018, the Second Circuit became the second federal appellate court to rule that sexual orientation discrimination is prohibited by Title VII of the Civil Rights Act of 1964, following the Seventh Circuit’s April 2017 decision in Hively v. Ivy Tech Community College, which reached the same conclusion.
Continue Reading Diverging From The DOJ, The Second Circuit Rules That Sexual Orientation Discrimination Is Prohibited By Title VII

On February 1, 2018, the Office of Federal Contract Compliance Programs (OFCCP) sent 1,000 Corporate Scheduling Announcement Letters (CSALs) to federal contractors informing them that they may be audited for compliance with federal non-discrimination requirements/affirmative action plans.
Continue Reading Federal Contractors: Be Prepared For An Audit In 2018

Last week the EEOC released its charge statistics from fiscal year 2017, which ran from Oct 1, 2016 through Sept 30, 2017.

  • Retaliation was the most common claim in FY 2017, followed by race discrimination, disability discrimination, sex discrimination (all types, including sexual harassment), age discrimination, national origin discrimination, and religious discrimination.
  • Charges were down a bit in all categories, but monetary relief was up in LGBT cases and, in sexual harassment cases, was at the highest level since 2010. BUT — note that the EEOC’s fiscal year ended before the #MeToo movement began so we predict the 2018 statistics will paint a very different picture.
  • Further, note that the EEOC’s new online portal, launched in November 2017, which makes it incredibly easy for individuals to sign in and file charges.

Continue Reading EEOC FY 2017 Statistics Recap: Retaliation Claims Charge Ahead