Employment Law Blog

Title VII Protections for Transgender Status: Sixth Circuit Affirms, but the Future is Unclear

The Equal Employment Opportunity Commission (“EEOC”) has interpreted Title VII to include protections against discrimination for transgender employees.  Title VII is the portion of the Civil Rights Act of 1964 that prohibits employment discrimination against any individual with respect to the terms, conditions, or privileges of employment because of the individual’s race, color, sex, religion, or national origin.   See 42 U.S.C. § 2000e-2(a)(1).  Under Title VII, the EEOC has found that actions taken by employers detrimental to transgender individuals can qualify as discrimination on the basis of sex.  The implication of this interpretation is one that will affect employers throughout Kentucky, and these employers should be aware of what the interpretation means in practice.  More >

Wage and Hour Violations – Hope for Employers

Employers cheer! Unintentional failure to pay may not be a “willful” violation.

Wage and hour law has been a rocky ride for employers in the last year or so. First came a heavily amended overtime rule set to change the wage and hour landscape completely, then the rule faltered in the courts, then a new administration set out to revise the new rule with an even newer rule. With all this uncertainty, there are still occasionally bits of good news that allow employers to breathe easier, like a recent ruling by the Third Circuit Court of Appeals, which found that an unintentional error that did not log overtime for part-time employees did not expose their employer to extra liability. More >