EEOC’s “Sex” Discrimination Lawsuit Filed On Behalf of Transgendered Worker Survives Motion to Dismiss

EEOC’s “Sex” Discrimination Lawsuit Filed On Behalf of Transgendered Worker Survives Motion to Dismiss

As we have previously reported, the EEOC is pursuing test cases to establish legal protections for transgender workers under Title VII’s prohibition against “sex” discrimination and harassment as part of its strategic mission even though no federal statute, including Title VII, explicitly prohibits employment discrimination based on gender identity or expression.

Five Statutes That Can Shift Attorney’s Fees to Employers

Five Statutes That Can Shift Attorney’s Fees to Employers

You may recall from your college business law class of the “American rule” regarding attorney’sfees: generally in the United States each side is responsible to their own attorney’s fees, and unlike other countries, the loser does not have to pay the other party’s attorney’s fees. Employers can basically ignore this general rule in employment litigation under California law.