Published: October 5, 2017

On October 2, 2017, Massachusetts Governor, Charlie Barker, signed into law an amendment to the Massachusetts Fair Employment Practices Act that reinforces what federal and Massachusetts state judges have long held – that pregnancy discrimination is “discrimination because of sex” and is prohibited under both Title VII and Massachusetts law. However, the law goes farther, specifically with regard to notice requirements, and significantly expands the scope of disability accommodations related to pregnancy.

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Published: April 6, 2017

For the first time, a United States Court of Appeals ruled that Title VII of the 1964 Civil Rights Act (“Title VII”) prohibits discrimination based on sexual orientation. After agreeing to rehear the issue, the Seventh Circuit reversed the District Court’s decision dismissing the plaintiff’s case finding that it is impossible to discriminate on the basis of sexual orientation without also discriminating on the basis of sex.
 

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Published: November 7, 2016

Last week, on November 4, 2016, a District Judge in the Western District of Pennsylvania held that discrimination based on sexual orientation constitutes sex stereotyping and is prohibited by Title VII. EEOC v. Scott Medical Health Center, 2:16-cv-00225 (W.D. Pa. Nov. 4, 2016).  The Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit on behalf of Dale Baxley, a gay male employee who worked for Scott Medical Health Center PC. Mr. Baxley alleges that he was constructively discharged due to an alleged sexually hostile work environment.

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Published: September 30, 2016

On September 16, 2016, in Christiansen v. Omnicom Group Inc. et al., 16-cv-748 (2d Cir 2016), ad agency DDB Worldwide (“DDB”) argued before the Second Circuit that Title VII does not support discrimination claims based on sexual orientation. 

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Published: March 23, 2015

A recent case from the Northern District of Illinois, Lugihibl v. Fifth Third Bank (Case No. 13 CV 7193, March 16, 2015, Kennelly, M.), held that Title VII and ADEA limitations periods can be contractually shortened under certain circumstances, despite the general 300-day limitations to bring such claims in Illinois.

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