Showing 4 posts in Sixth Circuit Court of Appeals.

Sixth Circuit Decision In Police Officer Termination Case Offers Valuable Insights for Public Employers in Addressing Complaints About Systemic Workplace Concerns

Public employers have interests that differ from private employers. While both types of employers seek to increase their revenues, public employers have additional concerns that can take priority over short-term budgetary interests, such as maintaining public safety. Those interests can conflict with their employees' First Amendment rights to communicate on matters of public concern. In these circumstances, the law must balance the interests of public sector employees to speak on matters of public concern and the interests of public employers in applying proper workplace rules that promote and maintain cohesion, order, and teamwork—especially in the area of law enforcement. More ›

SCOTUS Will Decide Whether Title VII Protects LGBTQ Workers

After considerable anticipation, the U.S. Supreme Court today agreed to hear three cases involving questions of whether Title VII's prohibition against sex discrimination encompasses discrimination on the basis of sexual orientation and gender identity.

The first two cases, Altitude Express v. Zarda and Bostock v. Clayton County, Georgia, were brought by employees who alleged their employers terminated their employment after learning they were gay. The Court's decision will resolve a widening circuit split over whether Title VII prohibits discrimination on the basis of sexual orientation. In Altitude Express, the Second Circuit joined the Seventh Circuit in holding it does cover sexual orientation, overturning longstanding precedent in the process. The court reasoned "the most natural reading of the statute's prohibition on discrimination 'because of . . . sex' is that it extends to sexual orientation discrimination because sex is necessarily a factor in sexual orientation." In Bostock, the Eleventh Circuit held it does not, explaining it remained bound by a 1979 case holding "[d]ischarge for homosexuality is not prohibited by Title VII." More ›

6th Circuit First Appellate Court to Declare Transgender or Transitioning Status Discrimination is Sex Discrimination Under Title VII

In a milestone decision, the 6th Circuit Court of Appeals held discrimination based on an employee’s transgender or transitioning status violates Title VII. In addition, the court held as a matter of law that a religious employer “cannot rely on customers’ presumed biases to establish a substantial burden” under the Religious Freedom Restoration Act (RFRA). Thus, the employer’s sincerely held religious beliefs did not free it from the proscriptions of Title VII. More ›

EEOC Ordered To Pay Attorney’s Fees and Costs After Bogus Discrimination Case

The Sixth Circuit has ordered the Equal Employment Opportunity Commission (“EEOC”) to pay more than $750,000 in attorney’s fees and costs for pursuing a frivolous employment discrimination case.

The case, EEOC v. Peoplemark, is the latest in a cluster of judicial reproaches to the EEOC’s policy of aggressively targeting employers for conducting criminal background checks and allegedly declining to hire felons, practices the Commission believes disproportionately impact minorities. More ›