Supreme Court Cautions Employers Not to Delay Asserting Failure to Exhaust Administrative Remedies Defense in Title VII Cases

Most federal laws prohibiting discrimination and retaliation, such as Title VII of the Civil Rights Act of 1964 (“Title VII”), require plaintiffs to first file an administrative charge alleging discrimination or retaliation with the Equal Employment Opportunity Commission (“EEOC”) or the state-agency equivalent before they may file a lawsuit alleging such discrimination or retaliation.  If …read more »

A Primer on Legal Protections for LGBT Employees: Past, Present, and Future (Part 1)

Earlier this year, the U.S. Supreme Court agreed to consider a trio of cases presenting the question of whether Title VII’s protections are broad enough to forbid discrimination on the basis of sexual orientation and gender identity. The cases will be argued in the fall, with decisions likely issued by June 2020. Until then, employers …read more »

What Employers Need to Know about Hair Discrimination

Most employers maintain dress codes and grooming policies. And most of these policies dictate that employees must wear “professional” or “business-appropriate” hairstyles. Some go a step further, prohibiting “extreme” or “distracting” coiffures. Such policies, so long as enforced in an even-handed way, have not traditionally been viewed as presenting significant legal risk. But over the …read more »

Transgender Rights Under the Trump Administration

Attorney General Jeff Sessions recently advised United States Attorneys across the country that the Department of Justice (DOJ) is reversing its prior position that Title VII of the Civil Rights Act of 1964 – which prohibits gender discrimination in the workplace, among other things – protects transgender workers from discrimination.  This is a significant change …read more »