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Tex. S.Ct.: Harassment by member of same sex not ‘same-sex harassment’ under state law

April 10th, 2018

By Lisa Milam-Perez, J.D.
Conceding that a female gym teacher endured “repugnant” harassment at the hands of female coworkers in a public school athletic department, much of which was sexual in nature and included dozens of comments about female body parts, the Texas Supreme Court held the harassment was not because of her gender, and so [Read more...]


CA-2 rules no double liquidated damages for same wage violations under FLSA and NYLL

April 10th, 2018

By Marjorie Johnson, J.D.
Because the New York Labor Law (NYLL) does not call for awards of NYLL liquidated damages on top of liquidated damages under the FLSA, district courts may not award cumulative liquidated damages for the same course of conduct under both statutes, the Second Circuit ruled in resolving a split among district courts. [Read more...]


En banc CA-9 makes it clear prior salary can’t be ‘factor other than sex’ under Equal Pay Act

April 9th, 2018

By Lorene D. Park, J.D.
Overruling its 1982 decision in Kouba v. Allstate Ins. Co., the Ninth Circuit sitting en banc held that an employee’s prior salary does not constitute a “factor other than sex” upon which a wage differential may be based under the Equal Pay Act’s “catchall” exception set forth in 29 U.S.C. § [Read more...]


State employee fired for signing work emails with ‘In Christ’ takes bias claims to trial

April 9th, 2018

By Kathleen Kapusta, J.D.
A state human services department employee who was discharged for failing to comply with the agency’s email signature rule when he refused to stop signing all his emails with the valediction “In Christ” can proceed to trial with his Title VII and state-law religious discrimination claims. Denying the agency’s motion for summary judgment, [Read more...]


Jury to decide if Yale liable for professor’s actions after ‘consensual’ affair with subordinate

April 9th, 2018

By Marjorie Johnson, J.D.
A jury will decide if Yale University is vicariously liable for tangible actions taken by a married professor in its School of Medicine, who purportedly convinced a reluctant post-doctoral fellow to continue their two-year sexual affair by threatening her continued employment, and then forced her out after his wife found out about [Read more...]