Federal law has long prohibited discrimination based on a person’s sex. In recent years, several courts have held that discrimination based on failure to conform to a gender stereotype is a form of prohibited sex-based discrimination. But courts across the country have been more divided about whether those same laws preclude discrimination based on one’s… Continue Reading
By: Chuck Post In Vance v. Ball State University, the Supreme Court clarified a long open question, “Who is a supervisor under Title VII?” The question is important because employers are directly responsible for employee harassment by a supervisor. In the case of worker harassment of a co-worker, however, employer liability is less direct. In the… Continue Reading
By: James Kachmar On May 16, 2012, a California Appellate Court issued its ruling in Fitzsimons v. California Emergency Physicians Medical Group and held that a partner could state a claim for unlawful retaliation against her partnership under the California Fair Employment and Housing Act (“FEHA”).