sexual harassment discrimination

#MeToo in Germany – Employer’s Obligations to Act

Posted on

(No) Issue in Germany?

The ongoing #metoo discussion certainly has arrived in Germany. However, so far, sexual harassment and misconduct haven’t been a major topic of investigation or revelation in Germany. Other than in the U.S., in Germany no major cases of politicians, corporate executives or celebrities accused, sued, or terminated for inappropriate behavior have become publicly known. Only the case of a well-known award-winning TV and film director gained some traction in Germany. READ MORE →

Sixth Circuit Rules that Employer Cannot Rely on the Religious Freedom Restoration Act to Defend Discrimination Claims by Transgender Employee

Posted on

On March 7, 2018, the Sixth Circuit issued a ruling of first impression, holding that the Religious Freedom Restoration Act (“RFRA”) did not exempt an employer from liability for violating Title VII of the 1964 Civil Rights Act (“Title VII”) when it fired an employee transitioning from male to female. READ MORE →

Second Circuit Joins Seventh Circuit in Finding Title VII Bars Sexual Orientation Discrimination

and Posted on

On February 26, 2018, the Second Circuit, in Zarda v. Altitude Express, Inc., No. 15-3775, 2018 WL 1040820 (2d Cir. Feb. 26, 2018), held that sexual orientation discrimination is actionable sex discrimination under Title VII of the 1964 Civil Rights Act (“Title VII”). In doing so, the Court became the second federal appellate court to recognize such an action, joining the Seventh Circuit 7th circuit. Hively v. Ivy Tech Cmty. Coll. of Indiana, 853 F.3d 339 (7th Cir. 2017). This decision serves to ensure a growing split in the circuits that may well see a test before the United States Supreme Court. READ MORE →