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Procedural deficiencies in Trump transgender military ban addressed, injunction dissolved

January 8th, 2019

By Lorene D. Park, J.D.
Vacating an order denying the government’s motion to dissolve an October 2017 injunction against the Trump administration’s ban on military service by transgender individuals, the D.C. Circuit held that a lower court erred by finding no change in circumstances. To the appeals court, the policy recommended by Secretary of Defense James [Read more...]


Tech with outburst disorder, fired for arguably sexist comment, loses disability bias suit

January 8th, 2019

By Brandi O. Brown, J.D.
Declining to conclude that an employee’s inflammatory statement (stating that he hated working with women) was an outburst related to his disabilities, and thus that his termination was discriminatory, a federal district court in Georgia granted summary judgment in favor of the employer. The court found no support in the Eleventh [Read more...]


EEOC lacks quorum with failed renomination of Chai Feldblum

January 8th, 2019

By Pamela Wolf, J.D.
The EEOC is now operating with only two of its full complement of five commissioners now that Chai Feldblum’s re-nomination had failed and her term has expired. In December 2017, President Trump nominated Feldblum for a third term to expire on July 1, 2023, but her nomination never moved beyond committee assignment. [Read more...]


Whether hiring decision was based on poor communication skills or Egyptian heritage was jury question

January 7th, 2019

By Kathleen Kapusta, J.D.
Although comments by the individuals that interviewed an applicant for a deputy sheriff position regarding his “Egyptian descent” and his cultural differences were not direct evidence of discrimination, they were sufficient to create a fact issue as to whether the proffered reasons for not hiring him—his poor interview performance and communication skills—were [Read more...]


New state laws aimed at combating pay inequality (mostly) prohibit salary history inquiries

January 7th, 2019

Several states in 2018 enacted laws aimed at closing the gender-based pay gap that continues to persist in the American workplace. These new laws restrict employers’ ability to factor salary history into hiring and compensation decisions based on a recognition that relying on salary history tends to perpetuate the gender-wage gap.
One state, though—Wisconsin—passed a law [Read more...]