As we observed in a recent post on the Seventh Circuit’s decision in Hively v. Ivy Tech Community College extending Title VII to sexual orientation claims, the Supreme Court will probably have to resolve the disagreement among the federal circuit courts over whether the statutory language “because of…sex” should be interpreted to include “because of…sexual orientation.” And sure enough, on the heels of one Second Circuit panel decision late last month that refused to extend Title VII to cover sexual orientation, a different panel of that court again declined last week to reverse its own precedent, finding that Title VII’s prohibition against sex discrimination does not extend to discrimination against lesbian, gay, and bisexual employees based purely on their sexual orientation.

Continue Reading Second Circuit Panel: No, We Still Can’t Overturn Precedent on Sexual Orientation Discrimination

We had such a spirited panel discussion on pay equity at our Third Annual Employment Law Summit recently that we wanted to follow up with a post addressing the current state of play on pay equity legislation, particularly with respect to salary history disclosure laws. This is a rapidly advancing area of the law in which we continue to see new developments.

Continue Reading Legislation Limiting an Employer’s Ability to Inquire About and Consider Applicants’ Prior Salary History Gains Momentum

In a landmark en banc decision rejecting its earlier panel ruling, the U.S. Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that Title VII of the 1964 Civil Rights Act prohibits discrimination in employment on the basis of sexual orientation. While the employer in the case, Hively v. Ivy Tech Community College, No. 15-1720 (7th Cir. April 4, 2017), has indicated that it does not intend to appeal the Seventh Circuit’s ruling, the conflict between the court’s holding and recent Second and Eleventh Circuit decisions makes it likely that this issue will reach the Supreme Court in the near future.

Continue Reading Seventh Circuit Rules Title VII Bars Sexual Orientation Discrimination, Creating Circuit Split and Setting Stage for Likely Supreme Court Review

As we discussed yesterday at Mintz Levin’s Third Annual Employment Law Summit, big changes are likely in the offing as all three branches of our federal government begin to deal with labor and employment issues following President Trump’s election. President Trump’s first 100 days has already included action on a number of employment and labor law issues we’re following here at Mintz Levin.  The Administration has enacted or signaled changes – some potentially significant – in executive orders and through pronouncements of regulatory and enforcement priorities that promise to impact the field of labor and employment law.  Additionally, the expected confirmation this week of Judge Neil Gorsuch means all hands on deck at the United States Supreme Court, and congressional action so far suggests a potentially employer-friendly climate on Capitol Hill.

Below, we highlight changes in the leadership, regulation, and likely course forward for each of the branches of the federal government, and offer our predictions for 2017 and beyond under the current Administration.  Continue Reading Steady as She Goes or Charting a New Course? Employment and Labor Signals in the Trump Administration

It’s been a terrific run.  A real Cinderella story.  Who would have thought that a little blog out of the northeast region could make so much noise in the thought leadership world?!  We learned a lot along the way and we hope you did too.  While we celebrate by cutting down the (inter)net (or better yet, by removing the keys from our keyboard), here’s a quick recap of where we’ve been:

Continue Reading Mintz March Madness Comes to an End

The basketball court isn’t the only place you’ll see interesting uniforms this month.  Many employers choose to implement and enforce their own uniform requirements and dress codes at work.  But if done incorrectly, uniforms or dress codes may reinforce stereotypical gender roles and put transgender employees and applicants in a very uncomfortable place.  In addition, some religious people in the workplace require exceptions to uniform requirements and dress codes in order to adhere to their beliefs.  There was even a hotly debated Supreme Court opinion a couple years ago about a religious headwear exception to an employer’s dress code.  These increasing changes in the law are forcing employers to take a time out to rethink their uniform and dress code strategies to make sure they do not travel out of bounds.

uniform

Continue Reading March A-Wear-Ness: Uniforms, Dress Codes, and Employee Choice

March Madness presents one of those occasions where your employees’ diets and exercise may fall by the wayside, and by the wayside, we mean potentially off a cliff.  And when this happens, your workforce is increasing not just their weight and risk of disease, but it may also increase your cost to employ them.  The productivity time you’re losing when they stop working to watch the games is nothing compared to the loss of productivity and increased health care costs due to poor health.

Continue Reading March Flabness: Wellness Programs, the ADA, and the Rising Costs of Employer-Provided Health Coverage

No matter how long you’ve played the game, administering a Reduction-in-Force or RIF is never easy.  In fact, it is often painful not only because they are difficult to administer, but because of the toll it takes on the workplace generally and employees individually.  Terminating a whole team, or worse, an entire division of teams, is incredibly difficult for all those involved.  Game planning and proper execution are critical.  C-R-I-T-I-C-A-L.  Employers need to be prepared so they do not give away easy lay-ups to employees in the form of discrimination lawsuits.

Continue Reading March Sadness: How Not to Drop the Ball When a RIF is on Your Schedule

Friendly reminder to our readers that on April 6, 2017, Mintz Levin will be hosting its Third Annual Employment Law Summit at the Princeton Club in New York City.  This half-day seminar will feature as its keynote speaker Liz Vladeck, the Deputy Commissioner for the Office of Labor Policy and Standards at the NYC Department of Consumer Affairs.  Deputy Commissioner Vladeck will discuss NYC’s new Office of Labor Policy and Standards, its initiatives, and enforcement of the expanding universe of NYC employment laws (i.e. Freelance Workers act).  The seminar will also offer various segments on the most important workplace issues of the day, including how the new Trump Administration will impact workplace law, cybersecurity issues in the workplace, equal pay, wage and hour, employee relations, employee benefits, and more – it’s a program that you will not want to miss.  Registration is still open, so if you would like to attend click here.

This event is intended for HR professionals, in-house counsel, and senior executives.