The Department of Justice is now squarely at odds with the Equal Employment Opportunities Commission over whether Title VII’s prohibition on sex discrimination also applies to discrimination against transgender employees. Specifically, in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., the EEOC had filed suit against a funeral home for terminating a transgender funeral director (who was born … Continue Reading
Vincent Avery
DOJ Contradicts EEOC over Title VII’s Applicability to Transgender Employees
Congress and the Trump Administration Cannonballs into the Tip Pool
Buried in the 2,232 page omnibus budget bill recently signed by President Trump was an important change regarding the use of tip pools. Employers who do not take a tip credit are not required to police their employees to determine if their tip pool includes “back of the house” employees, which would have previously been unlawful. However, an employer may … Continue Reading
DOJ About-Face: Supporting Class Action Waivers, Parting Ways with the NLRB
The Department of Justice (DOJ) has just switched sides in a trio of high profile arbitration cases now pending before the Supreme Court, joining with the employers to argue that the National Labor Relations Board’s (NLRB’s) ban on the use of class action waivers in arbitration agreements oversteps its authority and is misguided.… Continue Reading
Legislators Jump into Sexual Orientation Discrimination Ring
Employers take note: On the heels of the Seventh Circuit landmark and controversial ruling last week that Title VII does, in fact, prohibit sexual orientation discrimination in the workplace, a group of prominent Democratic U.S. Senators and representatives from New Jersey, Oregon, Rhode Island, and Wisconsin have jumped into the fray, attempting to use the decision to convince the courts … Continue Reading
Hope for Employers: Court Says Home Health Aides Can’t Bring Collective Action
Courts have been quick to allow one employee claiming to be due overtime to sue on behalf of others in the same job category by certifying a collective action, allowing that employee to represent the class and requiring the employer to provide contact information for others in the same job category. However, in a case with potentially far reaching implications … Continue Reading
