Tag Archives: Employment Discrimination

The DOJ’s New Posture on Gender Identity Discrimination

On October 4, 2017, the Department of Justice (DOJ) delivered a blow to the rights of transgender Americans. Attorney General Jeff Sessions rescinded an Obama-era policy concluding that the Civil Rights Act bars workplace discrimination against transgender employees. Specifically, Sessions revoked a 2014 memo authored by then-Attorney General Eric Holder that said gender-identity discrimination fell … Continue reading this entry

In a Landmark Decision, the Supreme Court Exempts “Churches” From Most Employment Discrimination Statutes Affecting “Ministers”

The First Amendment of the United States Constitution (U.S. Const. amend. I) provides, in part, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” This short sentence containing what is known as the Establishment Clause and the Free Exercise Clause, has been the source of a large … Continue reading this entry

U.S. Supreme Court approves "cat's paw" theory of liability in employment discrimination cases.

In Staub v. Proctor Hospital, the Supreme Court ruled that an employer may be held liable for employment discrimination based on the conduct of an employee who influenced – but did not make – the ultimate employment decision.  Commonly called the “cat’s paw” theory of liability, the Supreme Court’s decision means an employer may be … Continue reading this entry