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A recent case caused me significant concern on behalf of employers. As you may know, before an employee may file a federal discrimination lawsuit against their employer, they must first file a charge of discrimination with the Equal Employment Opportunity Commission. (And, on a related note, just recently, the U.S. Supreme Court held that this charge-filing requirement was a procedural one that could be waived by the employer, as we discussed in our E-lert). But what happens if the EEOC never notifies the employer of the charge?
Continue Reading Penalizing the Employer for the EEOC’s Mistake?

Just in time for Father’s Day, JPMorgan has agreed to pay $5 million dollars to settle a class action lawsuit based on a discriminatory parental leave policy. We previously blogged about this case when the ACLU announced that it was filing a charge of discrimination with the Equal Employment Opportunity Commission on behalf of a JPMorgan dad. (and you can check out that blog post for a deeper explanation of the legal underpinnings of this issue, if you’re really interested). But this settlement provides an emphatic (and timely!) reminder to employers to take a look at their maternity/paternity or parental leave policies to make sure they don’t run afoul of the law.
Continue Reading Hey – New Dads Need Leave Too!

A more conservative Supreme Court than we’ve seen in recent history is poised to consider whether Title VII’s prohibition on discrimination based on “sex” includes sexual orientation and gender identity. The Supreme Court has agreed to hear a trio of cases in the 2019-2020 term, which begins in October. We previously wrote on this topic here as the Circuit split was developing.

Not even the federal government tasked with enforcing employment discrimination laws agrees on whether Title VII covers sexual orientation. The Department of Justice reversed course during the Trump administration and now takes the position that sexual orientation is not covered, whereas the Equal Employment Opportunity Commission is holding firm to its position, first adopted in 2015, that sexual orientation is covered, as is gender identity. Additionally, under an Executive Order signed by President Obama (not yet rescinded by President Trump) and enforced by the Department of Labor’s Office of Federal Contract Compliance Programs, federal contractors and subcontractors are prohibited from discriminating against applicants and employees on the basis of sexual orientation and gender identity, in addition to (and separate from) sex.
Continue Reading Does “Sex” Encompass Sexual Orientation and Gender Identity? The Supremes Will Soon Decide.