United States: Discrimination, Disability & Sexual Harassment

The EEOC has filed a lawsuit against Coca-Cola Beverages Northeast for hosting a women-only networking retreat, alleging that excluding male employees from a paid, work-time event constitutes unlawful sex discrimination under Title VII. This case raises important questions about how employers can structure diversity and inclusion programs without running afoul of anti-discrimination laws that protect all employees regardless of group membership.

The Equal Employment Opportunity Commission's recent rescission of its 2024 harassment guidance has left many employers questioning their obligations regarding LGBTQ workplace protections. While the withdrawal followed a federal court decision challenging aspects of the guidance, the legal landscape remains complex and nuanced. Understanding what this means for workplace policies, training requirements, and compliance obligations is essential for employers navigating discrimination and harassment prevention

The Supreme Court ruled 6-3 that Title IX and the Equal Protection Clause permit states to restrict women's and girls' sports teams to biological females, resolving a circuit split and upholding laws in 27 states. The decision addresses athletic eligibility policies but leaves open questions about the level of scrutiny for transgender classifications in other contexts and does not require states to exclude transgender athletes.

We highlighted in a previous alert that employers should expect continued and intensified federal scrutiny of workplace diversity, equity and inclusion (DEI) programs and initiatives.

The U.S. Equal Employment Opportunity Commission has approved a new National Enforcement Plan for fiscal years 2025-2029, marking a significant shift in agency priorities toward intentional discrimination claims and DEI-related enforcement. The plan prioritizes disparate treatment theories over disparate impact, with particular focus on diversity programs, religious accommodations, and alleged anti-American national origin discrimination.

Bob was a solid, long-term employee. But at the company retreat, he stayed late at the bar, had a few too many drinks, and made a highly inappropriate pass at a member of the hotel staff.

Since New Jersey legalized recreational cannabis in 2021 through the Cannabis Regulatory, Enforcement Assistance, and Market Modernization Act (CREAMMA), employers have navigated an uncertain landscape regarding drug...

Does your company’s employee handbook prohibit the use of Walkmans in the workplace? Does your document retention policy mention floppy disks? Does your dress code policy refer to “clam diggers” and “pedal pushers?”...

In this partner spotlight, Christine Dunn, Co-Managing Partner of the Washington, D.C. Office and Sexual Violence, Title IX, and Victims’ Rights Practice Group Co-Chair at Sanford Heisler Sharp McKnight...