Supreme Court to Decide if Title VII Protects LGBTQ Communities

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On Monday, April 22, 2019, the United States Supreme Court agreed to hear three cases regarding whether Title VII of the Civil Rights Act protects the LGBTQ communities from discrimination based on sex.

The Act does not specifically mention sexual orientation, gender identity, or transgender status, but many appellate courts and the Equal Employment Opportunity Commission have read the prohibition against “sex” as covering these groups of people. Other appellate courts have insisted that the prohibition does not apply to these groups.

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Obama Administration Taking Actions to “Advance Equal Pay for all Workers”

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On the 7th anniversary of President Obama’s signing into law his first piece of legislation as President, the Lilly Ledbetter Fair Pay Act, he announced “several additional actions that his administration is taking to advance equal pay for all workers and further empower working families.”

The most interesting additional action would affect employers with 100 or more employees.  These companies would be required, on an annual basis, to report details of what they pay their employees categorized by race,

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EEOC Updates Pregnancy Discrimination Act Guidance

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On July 14, the Equal Employment Opportunity Commission updated its guidance for the enforcement of the Pregnancy Discrimination Act (“PDA”).  The PDA is an amendment to Title VII of the Civil Rights Act of 1964 which prohibits discrimination because of pregnancy in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.  The new guidance reflects the liberal approach the EEOC is taking with regard to gender discrimination and also its enforcement of the Americans with Disabilities Act (“ADA”).

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