In a groundbreaking decision, the 7th Circuit Court of Appeals extended Title VII protections against sex discrimination to LGBT plaintiffs. Prior to this decision, the provision prohibiting discrimination based on sex was narrowly interpreted and did not extend to issues of sexual orientation. In a decision earlier this week the court expanded the provision of
On November 8, 2016, Massachusetts voters approved Question 4 to legalize the possession and recreational use of marijuana. The ballot initiative passed by a 53.6% to 46.4% margin. The law comes into effect quickly: recreational use and possession of marijuana will be legal for adults 21 years old or older on December 15, 2016 while
On November 22, a federal district court judge in Texas issued a temporary injunction that prevents the Department of Labor’s overtime rule from going into effect nationally. The overtime rule would have raised the minimum yearly salary to qualify under the Fair Labor Standards Act’s (FLSA) white collar exemptions from $23,660 to $47,476. For an
On July 6, 2016, Governor Charles D. Baker signed into law Senate Bill 2407: An Act relative to transgender anti-discrimination, codified at G.L. c. 272 §§ 92, 92A, and 98. Effective October 1, 2016, this new law formally prohibits discrimination on the basis of gender identity in places of public accommodation. Gender identity is now
Retaliation is now the most frequently alleged basis of discrimination. The number of retaliation claims has doubled since 1998. In fiscal year 2015, retaliation accounted for nearly 45% of the claims the Equal Employment Opportunity Commission received. Despite this, the Commission had not revised its guidance on retaliation since it was first issued in 1998.
Retaliation “occurs when an employer takes a materially adverse action because an individual has engaged in, or may engage in, activity in furtherance of the EEO laws the Commission enforces.” See EEOC Enforcement Guidance on Retaliation and Related Issues. These laws include Title VII of the Civil Rights Act of 1964 (“Title VII), the
Photo Credit: Mordy Steinfeld CC In a decisive 8-1 ruling, the U.S. Supreme Court sided yesterday with the EEOC in the religious discrimination case of Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., No. 14-86, Supreme Court of the United States (June 1, 2015). In a Nutshell Justice Antonin Scalia, writing