On April 4, 2017, the United States Court of Appeals for the Seventh Circuit for the first time recognized that sexual orientation discrimination is covered under Title VII of the 1964 Civil Rights Act. The case is Hively v. Ivy Tech Community College of Indiana. Although the court which heard the case en banc reached the result via three routes, the holding confirms that sexual orientation discrimination is cognizable under Title VII in the Seventh Circuit.
Tune into KMOX’s Total Information AM on September 2nd for a discussion with Sandberg Phoenix’s Timm Schowalter on transgender bathroom use.
Before suing an employer, the EEOC must first endeavor to eliminate the alleged unlawful employment practice by informal methods of conference, conciliation and persuasion. 42 U.S.C. 2000e-5. The MaEEOC may only file suit after determining that attempts to conciliate have failed.
The U.S. Supreme Court recently established a new standard for analyzing claims under the Federal Pregnancy Discrimination Act. In Young v. United Parcel Service, Inc., the divided court held that a pregnant worker can show that the employer’s legitimate, non-discriminatory justifications are pretextual under the McDonnell Douglas burden-shifting framework if its accommodation policies impose a “significant burden” on pregnant workers and its reasons are not “sufficiently strong.” Over Justice Scalia scathing dissent, the Court vacated the Fourth Circuit’s decision granting summary judgment to UPS, and remanded the case for further consideration in light of the Court’s new standard and interpretation of the statute.