Tennessee Employers Have Fewer Options for Confidentially Settling Sexual Harassment Claims

2022-10-29T01:48:37-06:00By |Categories: Discrimination, Labor and Employment|Tags: , , , , , , |

In the wake of public outrage over Harvey Weinstein, who escaped public notice of numerous sexual harassment complaints against him through The Weinstein Co.’s use of non-disclosure agreements (NDAs) in settling the complaints, and Congress, which has reportedly spent millions [...]

“Sex Discrimination” Now Includes Transgender Discrimination in Sixth Circuit

2022-10-29T01:48:37-06:00By |Categories: Discrimination, Labor and Employment, Sixth Circuit|Tags: , , , |

In an opinion issued on March 7, 2018, EEOC v. R.G. and G.R. Harris Funeral Homes, Inc.,[note]__ F.3d __, 2018 WL 1177669 (6th Cir. 2018)[/note] the Sixth Circuit Court of Appeals (covering Tennessee, Kentucky, Ohio, and Michigan) expressly held that [...]

Divided Sixth Circuit Panel Applies “Cat’s Paw” Theory to FMLA Retaliation Claim

2022-10-29T01:48:38-06:00By |Categories: Discrimination, Labor and Employment|Tags: , , , |

A split panel of the Sixth Circuit Court of Appeals recently held that the “cat’s paw” theory of liability applies to FMLA retaliation claims. In prior opinions, the Sixth Circuit has assumed without deciding that the theory is available in [...]

Court Issues Landmark Decision That Sexual Orientation Discrimination Is Covered by Title VII

2023-02-01T13:47:13-06:00By |Categories: Discrimination, Labor and Employment|Tags: , , |

On Tuesday, April 4, 2017, the Seventh Circuit Court of Appeals–which covers Illinois, Indiana, and Wisconsin–held that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation. Hively v. Ivy Tech Community College, [...]

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