April 2019 E-Update

Click here to view entire E-Update as a PDF RECENT DEVELOPMENTS The Latest on the EEO-1 Form: Demographic Data Due By May 31, Compensation Data Due By September 30 In the latest development of the long-running saga of whether and when the new requirement to submit compensation data through the […]

Read More

Fifth Circuit Holds That Title VII Does Not Prohibit Sexual Orientation Discrimination

Recognizing that other federal circuit courts have found Title VII’s prohibition on “sex discrimination” to encompass sexual orientation discrimination, the U.S. Court of Appeals for the Fifth Circuit nonetheless reiterated its longstanding position that “Title VII in plain terms does not cover ‘sexual orientation.’” Thus, in O’Daniel v. Industrial Service […]

Read More

Comparators Must Be Similarly Situated, Not Identical

Two separate U.S. Court of Appeals reiterated that, for purposes of establishing discrimination, comparators need only be similarly situated and not identical. In Andujar v. General Nutrition Corp., the employee claimed age discrimination, relying on evidence that, although there were multiple younger store managers in his region with failing performance […]

Read More