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Class cert granted for transgender professor challenging health plan’s denial of transition-related surgical care

June 18th, 2020

By Tulay Turan, J.D.
On the same day the Supreme Court issued its landmark decision finding that Title VII protects transgender employees from discrimination, the court certified a class of transgender individuals.
A transgender professor can proceed as a class action on his Title VII and Equal Protection sex discrimination claims based [Read more...]

ACA non-discrimination rule revisions finalized; how will SCOTUS ‘because of sex’ interpretation play out?

June 18th, 2020

By Cathleen Calhoun, J.D. and Pamela Wolf, J.D.
While the HHS final rule limits non-discrimination on the basis of “sex” to protect only biological sex, the Supreme Court just interpreted similar language in Title VII to include protection extending to gay and transgender individuals.
HHS has finalized a number of revisions that [Read more...]

COVID-19 Whistleblower Protection Act would improve accountability of pandemic relief funds

June 18th, 2020

By Pamela Wolf, J.D.
The bill would put in place strong whistleblower protections for employees or former employees of funds recipients under the CARES Act or other similar legislation meant to address COVID-19.
On June 15, Representative Jackie Speier (D-Calif.) and six Democratic cosponsors introduced legislation in the House that is intended ensure [Read more...]

Firing an employee merely for being gay or transgender violates Title VII

June 17th, 2020

By Kathleen Kapusta, J.D.
It is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex, the Court majority declared.
“An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned [Read more...]

Bed Bath and Beyond’s use of fluctuating workweek method was sound

June 17th, 2020

By Ronald Miller, J.D.
The Second Circuit addressed the fluctuating workweek method for the first time in a published opinion.
The Second Circuit affirmed a district court’s grant of summary judgment in favor of Bed Bath and Beyond in a lawsuit brought by the home goods retailer’s department managers challenging its use of the [Read more...]